Agenda packet — Tulare City Council, April 7, 2026 (part 1 of 3)

City of Tulare Page 1 of 6
Tulare Public Library & Council Chamber Tuesday, April 7, 2026 491 North M Street, Tulare CA 93274 5:30 p.m. Regular Meeting www.tulare.ca.gov
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of each month at the Council Chamber, located inside the Tulare Public Library, 491 North M Street, Tulare. Meetings are subject to cancellation. Additional meetings may be scheduled as needed.

Public Access and Participation
Meetings are open to the public and may be attended in person or viewed live online via the City of Tulare’s YouTube Channel. To provide public comment remotely, please call (559) 366-1849 during the designated Public Comment period. Note: There is a 20-second broadcast delay. If calling in, mute your viewing device to avoid feedback.

Public Comment Guidelines
Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

Those wishing to speak are encouraged to complete a Public Comment Card and submit it to the City Clerk prior to the start of the meeting.
• Comments are limited to three minutes per speaker, unless otherwise extended by the Council. • At the start of any agenda item, the mayor may limit the number of speakers or the time allotted per comment, depending on the number of participants and length of the agenda. • When called upon by the mayor, please approach the lectern, state your name and city of residence, and begin your comments.

Rules of Conduct
To maintain order and decorum, the following rules apply:
• All remarks must be directed to the City Council as a whole, not to individual members. • Only the Council and the person recognized to speak may engage in discussion unless authorized by the mayor.
• Questions to Councilmembers or City staff must be directed through the mayor. • Comments must remain on topic, except during the general Public Comment period. • Disruptive behavior (e.g., shouting, interrupting, or creating a disturbance) may result in removal from the meeting under Government Code Sections 54954.3 and 54957.95.

Accessibility
Individuals who require accommodations, auxiliary aids, or services necessary to participate in this meeting should contact the City Clerk's Office at (559) 684-4200 or [email protected]. The e-mail subject line should read "ADA Accommodation Request" or "Language Assistance" and the e-mail should include your name, address, telephone number, and a description of the request.

Additional Information
• Meeting agendas and related documents are available at www.tulare.ca.gov/agendas. • Copies are also available for public inspection at the City Clerk’s Office, City Hall, 411 E. Kern Avenue, Second Floor, during regular business hours.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, April 7, 2026
City of Tulare Page 2 of 6

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for National Child Abuse Prevention Month, April 2026.

3.2 Proclamation for National Donate Life Month, April 2026

3.3 California Parks & Recreation Society (CPRS) Awards of Excellence Presentation.

4. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

5. PRESENTATIONS

5.1 Status of Public Health Presented by Local Health Agencies.

6. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

7. COUNCIL REPORTS AND ITEMS OF INTEREST

8. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

8.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

8.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of March 17, 2026. [M. Wilcox]

8.3 Second Reading and Adoption of Ordinance 2026-02.

8.4 Tulare City Professional Fire Fighters Association Non-Management Group MOU.

Recommended Action: Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Non-Management Group for the term of July 1, 2025 through June 30, 2028; amending the City’s Fiscal Year 2026 Salary Schedule; and authorizing the City Manager, or designee, to update the Salary Schedule accordingly. [J. Venegas]

8.5 Tulare City Professional Fire Fighters Association Management Group MOU.

Recommended Action: Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Management Group for the term of July 1, 2025 through June 30, 2028; amending the City’s Fiscal Year 2026 Salary Schedule; and authorizing the City Manager, or designee, to update the Salary Schedule accordingly. [J. Venegas]

8.6 Santa Fe Commons I, L.P. and Self-Help Enterprises Agreement.

8.7 Capital Improvements Project Dashboard for April 2026.

Recommended Action: Accept the Capital Improvements Project Dashboard for April 2026. [M. Miller]

8.8 CIP Project FM0048 Homeless Shelter Construction Contract Amendments.

8.9 Kensington Estates Phases 1 & 2 Oversize Construction Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Kensington 111, LLC, a Delaware Limited Partnership for construction costs associated with Phases 1 & 2 of the Kensington Estates subdivisions that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]

8.10 Kensington Estates Phase 3 Oversize Construction Reimbursement.

8.11 Willow Glen Phase 4 Oversize Construction Reimbursement.

8.12 Willow Glen Phase 5 Oversize Construction Reimbursement.

8.13 Notice of Completion for CIP Project EN0103 Tulare/Morrison Roundabout.

8.14 Resolution of Intent Regarding Realignment of Oakmore Street.

Recommended Action: Adopt a resolution of intent regarding the future realignment of Oakmore Street north of Bardsley Avenue. [M. Miller]

8.15 Conditional Final Map Acceptance for Phase 1 of the F&C Farming Subdivision.

8.16 Development Impact Fee Update and Nexus Study.

Recommended Action: Approve a Professional Service Agreement with NBS Government Finance Group of Temecula, CA in the amount of $129,800 for completion of a Development Impact Fee Update and Nexus Study, subject to minor or clarifying changes approved by both the City Attorney and the City Manager; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($12,980); and adopt a resolution amending the Fiscal Year 2026 Budget appropriating $142,780 from multiple Development Impact Fee Funds. [J. Bowling]

8.17 Request for Qualifications for Corporation Yard Master Planning.

Recommended Action: Authorize staff to issue a Request for Qualifications (RFQ) to solicit qualified consultants to prepare a Corporation Yard Master Plan. [T. Whitfield]

8.18 Fiscal Year 2025 Housing Successor Annual Report.

Recommended Action: Receive and file the Fiscal Year 2025 Housing Successor Agency Annual Report. [M. Anaya]

8.19 Fire Department Grant Fund Use.

Recommended Action: Adopt a resolution amending the Fiscal Year 2026 Budget authorizing an increase of $191,980 to Fire Department Grant Fund and use of Fire Department Grant Fund balance for the purchase of Fire Prevention and Safety Grant and State Homeland Security Grant items. [M. Ott]
City Council Meeting Agenda Tuesday, April 7, 2026
City of Tulare Page 5 of 6

8.20 First Amendment to Tripepi Smith Professional Services Agreement.

8.21 Construction Award EN0088 Prosperity and West Traffic Signal Improvements.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to City Project EN0088, Prosperity and West Traffic Signal Project; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount and approve the revised project sheet.

Services Contractor Amount
Construction Contract 99 Pipeline $3,082,653.94
Construction Inspection NV5 $378,854.40
Geotechnical Testing Krazan $21,870.00
Surveying QK $35,440.00
Labor Compliance Next Level Compliance $18,251.00

9. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

9.1 Cesar Chavez Memorial Park.

9.2 Fiscal Year 2027 Budget Review.

Recommended Action: Review the preliminary Fiscal Year 2027 budget and provide direction thereto. [M. Roberts]

9.3 TCAG Board of Governors Representative Selection.

Recommended Action: Appoint a new primary and alternate representative on the Tulare County Association of Governments (TCAG) Board of Governors. [M. Wilcox]

10. FUTURE AGENDA ITEMS

10.1 Establishing a Citywide Yard Sale Weekend.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

10.2 Establish Policy for Councilmembers to Appeal Planning Commission Decisions.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

10.3 Study Session on Proposed Tax Measure.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

11. STAFF UPDATES
City Council Meeting Agenda Tuesday, April 7, 2026
City of Tulare Page 6 of 6

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 3 cases

13. RECONVENE FROM CLOSED SESSION

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 21, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website at www.tulare.ca.gov.

POSTED: Friday, April 3, 2026 Melissa Wilcox, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Councilmembers
From: Marc Mondell, City Manager
Subject: April 7, 2026 Agenda Memo
Date: April 3, 2026
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
5:30 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver an invocation.

3. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 5:35 p.m.]

3.1 Proclamation for Child Abuse Prevention Month, April 2026.

3.2 Proclamation for Donate Life Month, April 2026

3.3 California Parks & Recreation Society (CPRS) Awards of Excellence Presentation.

5. PRESENTATIONS [Time Estimate: 6:00 p.m.]

5.1 Status of Public Health Presented by Local Health Agencies.

6. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:00 p.m.] Tulare City Council Meeting Page 2 of 26
Agenda Memo - April 7, 2026

7. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:00 p.m.]

8.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

8.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of March 17, 2026. [M. Wilcox]

8.3 Second Reading and Adoption of Ordinance 2026-02.

Recommended Action: Adopt Ordinance 2026-02 approving the addition of Section 120of Chapter 4 of Title 4 of the Tulare Municipal Code providing a streamlined permitting process for electric vehicle charging stations in accordance with California Government Code section 65850.7. [M. Zamora]
Summary: California Government Code section 65850.7 requires local cities and counties to adopt an ordinance for a streamlined process of approving permits for electric vehicle charging stations. This protects the rights of homeowners and businesses to install EV chargers and prevents local governments from setting unfair regulations that make it difficult or expensive.

The ordinance was introduced and passed-to-print on March 17, 2026. There have been no changes since that time.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.4 Tulare City Professional Fire Fighters Association Non-Management Group MOU.

Key provisions of this MOU include:

Tulare City Council Meeting Page 3 of 26
Agenda Memo - April 7, 2026
• Term:
o A three-year term of July 1, 2025 through June 30, 2028. o The option for a total compensation reopener on or after January 1, 2027. • Base Compensation:
o A 4% compensation increase effective first full pay period in July 2025. o A 4% compensation increase effective first full pay period in July 2026. o A 4% compensation increase effective first full pay period in July 2027. • Service Pay (cumulative)
o 1.5% at 5 years of experience – Effective first full pay period in July 2025. o 2% at 10 years of experience – Effective first fully pay period in July 2025. o 2.5% at 15 years of experience – Effective first fully pay period in July 2026. o 3% at 20 years of experience – Effective first fully pay period in July 2027. • Working in A Higher Classification
o Increase Acting Engineer pay from $20 per shift to $50 per shift. o Increase Acting Captain pay from $25 per shift to $75 per shift. • Certification Incentive Pay:
o Set a maximum of 7.5%.
o Add a 2.5% incentive for Firefighter and Firefighter/Paramedic employees who have the Driver Operator 1A/B certification.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Minimum Staffing
o Increase from 12 to 13.
• Sick Leave Accrual
o Increase from 11.2 hours to 12.0 hours per month.
• Miscellaneous:
o Testing and Recruitment procedures section added that establishes committee to meet and consult on testing procedures for positions that are covered by this bargaining group.
o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities, staffing policy, staffing planning for a future fire station 64, operations such as tour of duty duration, sick leave as days works, etc., and items related to the FLSA 7(d) exemption.
o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

Fiscal Impact & Funding Source(s): Funding for this MOU was included in the Fiscal Year 2026 general fund budget and will be accounted for in subsequent years as part of the budget development process.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Tulare City Council Meeting Page 4 of 26
Agenda Memo - April 7, 2026
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.5 Tulare City Professional Fire Fighters Association Management Group MOU.

Recommended Action: Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Management Group for the term of July 1, 2025 through June 30, 2028; amending the City’s Fiscal Year 2026 Salary Schedule; and authorizing the City Manager, or designee, to update the Salary Schedule accordingly. [J. Venegas] Summary: This bargaining group consists of the Fire Captain position.

Key provisions of this MOU include:
• Term:
o A three-year term of July 1, 2025 through June 30, 2028. o The option for a total compensation reopener on or after January 1, 2027. • Base Compensation:
o A 4% compensation increase effective first full pay period in July 2025. o A 4% compensation increase effective first full pay period in July 2026. o A 4% compensation increase effective first full pay period in July 2027. • Service Pay (cumulative)
o 1.5% at 5 years of experience – Effective first full pay period in July 2025. o 2% at 10 years of experience – Effective first fully pay period in July 2025. o 2.5% at 15 years of experience – Effective first fully pay period in July 2026. o 3% at 20 years of experience – Effective first fully pay period in July 2027. • Certification Incentive Pay:
o Set a maximum of 7.5%.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Minimum Staffing
o Increase from 12 to 13.
• Sick Leave Accrual
o Increase from 11.2 hours to 12.0 hours per month.
• Miscellaneous:
o Testing and Recruitment procedures section added that establishes committee to meet and consult on testing procedures for positions that are covered by this bargaining group.
o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities, staffing policy, staffing planning for a future fire station 64, operations such as tour of duty duration, sick leave as days worked, etc., and items related to the FLSA 7(d) exemption.
o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

Tulare City Council Meeting Page 5 of 26
Agenda Memo - April 7, 2026
Fiscal Impact & Funding Source(s): Funding for this MOU was included in the Fiscal Year 2026 general fund budget and will be accounted for in subsequent years as part of the budget development process.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.6 Santa Fe Commons I, L.P. and Self-Help Enterprises Agreement.

Recommended Action: Approve an agreement between the City of Tulare and the Santa Fe Commons I, L.P. and Self-Help Enterprises to appropriate a total of $544,671 as an operating subsidy for the Santa Fe Commons rental housing project; and authorize the City Manager, or their designee, to execute said agreement and all related materials. [A. Costales] Summary: The California legislature created the Permanent Local Housing Allocation (PLHA) Program in 2017 through Senate Bill 2, also known as the Building Homes and Jobs Act. This law set up a permanent source of funding for local governments to support housing projects and programs. The PLHA program uses money collected from a small fee on real estate transactions. These funds are placed in the Building Homes and Jobs Trust Fund. Each year, the California Department of Housing and Community Development (HCD) distributes about 70% of this money to cities and counties. PLHA gives local governments to create more affordable housing and reduce homelessness.

PLHA funds are distributed in two main ways:
• Formula Allocations: Most funds are given to local governments based on a formula similar to the federal Community Development Block Grant (CDBG) program. • Competitive Allocations: A smaller portion is awarded through a competitive process for special projects, often focused on homelessness.

The City of Tulare was designated as a ‘formula allocation’ grantee and received access to a total of five PLHA rounds of funding (e.g., 2019-2023). On July 21, 2020, the City of Tulare City Council adopted resolutions 2020-39 and 2020-40, which established an investment plan for all anticipated PLHA funds and authorized the City Manager to execute PLHA Program applications, standard agreements with HCD, and all related documents. As a reference, the City’s adopted PLHA Program plan committed all PLHA funds in the form of a gap loan to SelfHelp Enterprises, a real-estate development sponsor, for construction costs associated with Santa Fe Commons I and II, 120-unit affordable multifamily project servicing households with incomes at or below 60 percent of area median income. To-date, the City expended a total of $813,377 in PLHA funds across Fiscal Years 2022-2023 and 2023-2024 to aide construction and related costs on the Santa Fe Commons project. An additional $544,671, constituting the City’s 2021 PLHA entitlement award, is available for use by the City through its current PLHA Plan and standard agreement with HCD (See Attachments 1 and 2).

Tulare City Council Meeting Page 6 of 26
Agenda Memo - April 7, 2026
Full occupancy of Santa Fe Commons II was achieved in 2024 and the opportunity to amend the City’s PLHA Plan elapsed on June 30, 2025. As such, Community Development Department (CDD) and Self-Help Enterprises staff considered the option of utilizing available PLHA funds as an operating subsidy. Per PLHA Program guidelines, both development and operating subsidies relating to affordable rental housing are identified as the same eligible activity under the PLHA Program. CDD staff, in conjunction with Self-Help Enterprises, consulted HCD on whether a new local agreement was needed to formally obligate and expend the 2021 PLHA entitlement award in the amount of $544,671 as an operating subsidy. It was determined that a new local agreement was necessary, which may also give the City an instrument to properly structure and monitor the distribution of $544,671 to the limited partnership entity and owner nonprofit organization of the Santa Fe Commons project for the benefit of the low-income tenants. The draft agreement and budget detail (see Attachment 3) will establish the obligation of 2021 PLHA funds as a grant, a performance timeframe of two years, the eligible and intended uses of the operating subsidy, and the grounds for regular reporting and inspection by the CDD.

If approved as presented, the City may expect a timely receipt of the 2021 PLHA funds from HCD and distribution of said funds as an operating subsidy per the terms of a finalized agreement during Quarter 4 of this fiscal year. CDD staff recommend the approval of the agreement and acknowledge a need to commit operating subsidies at permanent housing sites that may sustain the tenancy of local low-income residents. CDD staff will return to City Council in May for consideration of a proposed amendment to the existing PLHA plan which will involve an obligation and expenditure of remaining 2023 PLHA funds for a different eligible activity, such as operating costs of a new emergency shelter.

Fiscal Impact & Funding Source(s): Appropriate 2021 PLHA funds in the amount of $544,671 across the current and forthcoming fiscal years per the terms of an agreement for payment through fund (310) and an account to be determined. Finance Department did not establish an account for PLHA funds in the current fiscal year.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is aware of a potential conflict of interest for Mayor Isherwood.

Legal Review: This item involves an obligation of funds to ownership entities of the Santa Fe Commons project that will be subject to an agreement reviewed and approved by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If approval is not given, the City risks a delay and loss of access to the 2021 PLHA funds.

8.7 Capital Improvements Project Dashboard for April 2026.

Recommended Action: Accept the Capital Improvements Project Dashboard for April 2026. [M. Miller]
Summary: On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s Tulare City Council Meeting Page 7 of 26
Agenda Memo - April 7, 2026
clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects that fall under City Council’s purview. The dashboard provides a visual summary of the overall progress of the projects so that City Council is aware of their status. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes regarding the status and/or issues affecting the project.

The attached Capital Improvements Project Dashboard reflects the quarterly status of active projects as of January 2026. The dashboard uses a color metric for the completion status graphic (pie chart) that reflects the phase each project is in. BLUE shading indicates that the project is in the Design phase, GREEN shading indicates that the project is in the Environmental or Right-of-Way Acquisition phase, and ORANGE shading indicates that the project is in the Construction or Implementation phase.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.8 CIP Project FM0048 Homeless Shelter Construction Contract Amendments.

Recommended Action: Authorize the City Manager to sign contract amendments related to City Project FM0048 Emergency Homeless Shelter with Guida, Inc. in the amount of $18,450 for additional construction surveying services, and Superior Construction in the amount of $126,726.60 for additional street reconstruction on O’Neal Avenue between K Street and O Street; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 5% of the amended contract amounts; and authorize a corresponding increase of up to $145,176.60 to the General CIP Fund appropriation in accordance with the revised CIP Project Sheet. [M. Miller]
Summary: On September 17, 2024, City Council approved a contract with Guida, Inc. of Fresno CA, in the amount of $56,700.00 for survey and staking services related to construction of the Tulare City Council Meeting Page 8 of 26
Agenda Memo - April 7, 2026
Homeless Shelter. At the time of contract award, Council authorized a 5% contract contingency, which allowed staff to approve change orders up to $2,835.00 above the amount of contract award. However, the project has proven to be more complex than anticipated with a greater number of site visits being required to support the construction contractor’s activities. As a result, the original contract budget and contingency for survey and staking have been exhausted. To cover costs for additional survey and staking required for the project, Guida Inc. is requesting a contract amendment in an amount not to exceed $18,450.00. The Engineering Department has reviewed the proposed addendum and determined that based upon the remaining work the proposed costs are reasonable and consistent with survey and staking fees experienced on other City projects. Actual costs for these services will only be incurred on an as-needed basis and will be billed based on time and materials. Therefore, the City may only incur a portion of the requested $18,450 contract amendment. As with the original contract, staff is also requesting Council authorization for the City Manager or designee to approve contract change orders in an amount not to exceed 5% of the amended contract award.

On September 17, 2024, City Council also approved a contract with Superior Construction of Bakersfield CA, in the amount of $8,940,000.00 for construction of the Homeless Shelter. At the time of contract award, Council authorized a 5% contract contingency, which allowed staff to approve change orders up to $447,000.00 above the amount of contract award. Included within the scope of the project was installation of water, sewer, storm drain and gas infrastructure in O’Neal Avenue, resulting in the need to patch a significant portion of the roadway from K Street east across the project frontage. Subsequently, City Council authorized the use of ARPA funds to construct frontage improvements across the Tulare Boxing Association property between the project site and O Street. Due to the deteriorated condition of O’Neal Avenue, staff requested a proposal from Superior Construction to reconstruct the remaining portions of O’Neal Avenue so that the entire segment between K Street and O Street was new paving. Superior Construction provided a cost proposal of $126,726.60 for this additional work. The Engineering Department has determined this to be a reasonable cost that would provide long-term savings by incorporating the improvements into an existing contract without additional mobilization costs.

Additionally, it would provide a significantly better end product for the community. As with the original contract, staff is also requesting Council authorization for the City Manager or designee to approve contract change orders in an amount not to exceed 5% of the amended contract award.

Fiscal Impact & Funding Source(s): CIP Project FM0048 – Homeless Shelter is funded by the following sources:
• Fund 310 – Encampment Resolution Fund (Round 2 Grant) • Fund 330 – Federal Earmark (FY23 CPF)
• Fund 335 – American Recovery Plan Act (ARPA)
• Fund 400 – American Recovery Plan Act (County ARPA Contribution) • Fund 400 – General CIP Fund
An additional appropriation from Fund 400 – General CIP Fund in the amount of $133,656 would be required to fund both contract amendments. The expenses associated with the requested contract addendums would be charged to the project strings corresponding to the associated tasks:
• FM0048-050-0224 – Surveyor (revised budget = $75,150.00) • FM0048-050-0600 – Construction/Labor & Materials (revised budget = $9,066,726.60) A revised CIP Project Sheet is attached.

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Environmental Review: Environmental review of the project was completed prior to construction.

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by City Council; 2) Deny - Should Council deny the requested contract amendment for Guida, Inc., the City will not have the survey and staking services necessary to ensure that the project is constructed in accordance with the approved plans and specifications. Should Council deny the requested contract amendment for Superior Construction, the City will not complete the additional paving work on O’Neal Avenue, resulting in a mix of new and deteriorated pavement between K Street and O Street; or 3) Table - Postponing the amendments could result in delay to the project schedule.

8.9 Kensington Estates Phases 1 & 2 Oversize Construction Reimbursement.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.10 Kensington Estates Phase 3 Oversize Construction Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Kensington 100, LLC, a Delaware Limited Partnership for construction costs associated with Phase 3 of the Kensington Estates subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: As part of Phases 1 & 2 of the Kensington Estates subdivision located on the north side of Cartmill Avenue between De La Vina and Devonshire Streets, Presidio JJR Kensington Tulare City Council Meeting Page 10 of 26
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111, LLC (Developer) was required to construct certain water and storm drainage improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached oversize construction reimbursement agreement identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Fiscal Impact & Funding Source(s): As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund
• Fund 227 – Storm Drain Fac. DIF Fund
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Minor changes would likely result in no impact; 2) Deny - Denial would be contrary to the oversize construction reimbursement policies contained in Chapter 8.64 of the City’s Municipal Code. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation.

Additionally, the developer may avoid undertaking future projects within the City limits; or 3) Table - A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

8.11 Willow Glen Phase 4 Oversize Construction Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Partnership for construction costs associated with Phase 4 of the Willow Glen subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: As part of Phase 4 of the Willow Glen subdivision located north of Cartmill Avenue and west of Mooney Boulevard, Presidio JJR Cypress Park 155, LLC (Developer) was required to construct certain water improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

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The attached oversize construction reimbursement agreement identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Fiscal Impact & Funding Source(s): As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

8.12 Willow Glen Phase 5 Oversize Construction Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Partnership for construction costs associated with Phase 5 of the Willow Glen subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: As part of Phase 5 of the Willow Glen subdivision located north of Cartmill Avenue and west of Mooney Boulevard, Presidio JJR Cypress Park 155, LLC (Developer) was required to construct certain water improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

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Fiscal Impact & Funding Source(s): As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

8.13 Notice of Completion for CIP Project EN0103 Tulare/Morrison Roundabout.

Recommended Action: Accept as complete the contract with Cen Cal Construction of Bakersfield, CA., for work on CIP Project EN0103 Tulare/Morrison Roundabout; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller] Summary: Capital Improvement Project EN0103 – Tulare/Morrison Roundabout constructed a roundabout at the intersection of Tulare Avenue (State Route 137) and Morrison Street in partnership with Caltrans and Woodside Homes. The project was required mitigation for transportation impacts resulting from the Woodside Homes development of the Farrar Estates subdivision located northwest of the intersection. To promote the selection of a roundabout as the preferred intersection improvement, Caltrans provided $1.25 million of SHOPP funding towards the project.

On June 18, 2024, the City Council awarded a construction contract to Cen Cal Construction of Bakersfield CA, in the amount of $$1,588,824.00 for CIP Project EN0103. All contractual work to be performed by Cen Cal Construction has been completed in accordance with the approved project plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

Fiscal Impact & Funding Source(s): A summary of contract costs is as follows:

Contract Award Amount: $ 1,588,824.00
Bid Item Quantity Adjustments $ 62,998.72
Contract Change Orders – Various: $ 411,655.85
Total Construction Contract Cost: $ 2,063,478.57
Additional work completed by change order included stamped concrete in medians east and west of the roundabout not included in the approved project plans, additional structural section Tulare City Council Meeting Page 13 of 26
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materials to support median and diverter island curbs, and temporary K-Rail required for traffic control during the stamped concrete construction.

Funding sources for CIP Project EN0103 were as follows:
• Fund 233 – State Highway Proj. DIF Fund
• Fund 320 – Engineering Grants Fund (Caltrans SHOPP Funds) Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny - Should Council deny the request to accept the contract with Cen Cal Construction as complete, the City will be unable to release payment of the retention amount owed to the Contractor. The start of the 1-year maintenance bond on the project would also be delayed. Without specific written findings justifying the delay in payment and extension of the Contractor’s maintenance responsibilities, the City could open itself up to litigation for damages caused by the delay; or 3) Table - Without specific written findings justifying the delay in payment and extension of the Contractor’s maintenance responsibilities, the City could open itself up to litigation for damages caused by the delay.

8.14 Resolution of Intent Regarding Realignment of Oakmore Street.

Recommended Action: Adopt a resolution of intent regarding the future realignment of Oakmore Street north of Bardsley Avenue. [M. Miller]
Summary: Background: On October 24, 2022, the Planning Commission adopted Resolution No. 5435 approving the tentative subdivision map for Fulton Estates located south and west of the intersection of State Route 137 (Tulare Avenue) and Oakmore Street. As part of the entitlement process, a traffic impact study (TIS) was prepared to analyze certain intersections and roadway segments anticipated to be directly impacted by the development. This included the intersection of State Route 137 (Tulare Avenue) and Oakmore Street. The TIS identified that under existing (pre-project) conditions, the intersection failed to meet minimum level of service requirements and met warrants for installation of a traffic signal. With the additional traffic resulting from full build-out of the project, intersection operation was projected to further deteriorate. To mitigate the project impacts, the TIS recommended that the project pay its fair share of the cost to install a traffic signal at the intersection through the payment of development impact fees. However, the intersection is not a fee generating component of the City’s current development impact fee program.

Based on concerns of the City Engineer regarding operations and safety at the intersection that were echoed by Caltrans staff in discussions regarding the Fulton Estates project, the payment of a fair share cost was deemed inadequate. Intersection improvements were determined to be necessary in conjunction with any project phase that constructed a roadway connection to Oakmore Street, thereby resulting in a direct impact to the intersection. Accordingly, the Engineering Department’s conditions of approval for the Fulton Estates subdivision required the following:

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“a) No certificates of occupancy shall be issued for either Phase 2 or Phase 3 of the proposed project prior to completion of intersection improvements at Tulare Avenue and Oakmore Street. An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.” The ICE process was developed by Caltrans as a standard means of identifying and evaluating potential alternatives for improving state highway intersections. The process has since been replaced by the “Intersection Safety and Operational Assessment Process” (ISOAP).

Based on concerns regarding their ability to move forward with Phase 2 of the Fulton Estates subdivision in a timely manner, the Developer submitted a request that the City consider the following:
• “Fulton Estates offers the following improvements to be completed as part of its Phase 2 project. These improvements would be in-lieu of the ICE Study (ISOAP):
o Construct curb, gutter and sidewalk along the subdivision’s full State Route 137 frontage to Oakmore Street,
o Re-stripe eastbound State Route 137 to provide for a right-turn lane at Oakmore Street,
o Construct curb, gutter and sidewalk along the subdivision’s full Oakmore Street frontage,
o Re-stripe Oakmore Street to provide for a southbound thru lane, a northbound left-turn lane, and a northbound right-turn lane at State Route 137, and o Temporarily limit Fulton Estate traffic to right turns in and right turns out on Oakmore Street. This limitation would be removed once the existing intersection of State Route 137 and Oakmore Street is improved.
• Contribution of $25,000 to the ICE Study (ISOAP).” (Based on inquiries made with local transportation engineering firms, the estimated cost for hiring a consultant to complete an ISOAP should fall between $20,000 and $25,000.)
On June 17, 2025, City Council approved a Deferred Improvement Agreement with Quest Equity, LLC which addressed the completion of the ISOAP and subsequent construction of improvements to the intersection of State Route 137 and Oakmore Street. This agreement allowed for the development of Futon Estates Phase 2 to proceed independent of the status of the ISOAP and intersection improvements. A copy of the Deferred Improvement Agreement is attached for reference.

Oakmore Street Realignment:

On January 21, 2025, staff made a presentation to City Council regarding planned transportation improvements in southeast Tulare. Included in this presentation was a discussion regarding the alignment of Oakmore Street. Currently, Oakmore Street is designated as a major arterial roadway in the City’s General Plan Circulation Element. South of State Route 137, there are no substantial constraints preventing Oakmore Street from being built out to a major arterial standard. However, existing development north of State Route 137 significantly constrains the ability to extend Oakmore Street northward as a major arterial roadway. Staff identified an alternative to realign the Oakmore Street major arterial corridor eastward to intersect State Route 137 at the Road 126 alignment, as shown in the attached exhibit. In this scenario, the existing intersection of State Route 137 and Oakmore Street would likely be a minor intersection with turning movements controlled by a raised median.

In discussions with Caltrans regarding the ISOAP for the intersection of State Route 137 and Oakmore Street, they agreed in principle that the proposed realignment of Oakmore Street and Tulare City Council Meeting Page 15 of 26
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new major arterial intersection at Road 126 was an option they would consider. They further agreed that knowing that such a realignment was planned could impact the scale of the improvements analyzed in the ISOAP; specifically, that it wouldn’t make sense for the study to evaluate and subsequently require construction of substantial long-term improvements at the existing intersection. On April 1, 2025, City Council authorized the mayor to sign a letter to Caltrans expressing the City’s intention to realign Oakmore Street as a major arterial roadway to the Road 126 alignment at State Route 137, with the existing Oakmore Street intersection to be retained as a local street connection. It is requested that Council adopt a resolution to further clarify and document the City’s intention to undertake the realignment in a more formal manner.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The City Attorney’s Office drafted the resolution of intent.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Minor changes to the Resolution of Intent would not likely impact the ability to proceed with the ISOAP for the intersection of State Route 137 and Oakmore Street; 2) Deny - Should Council deny the request for the resolution of intent, the Developer may view that as a failure on the City’s part to meet its obligations under the terms of the Fulton Estates Phase 2 Deferred Improvement Agreement; or 3) Table - Tabling this item could delay the Developer’s ability to proceed with completion of the ISOAP.

8.15 Conditional Final Map Acceptance for Phase 1 of the F&C Farming Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 1 of the F&C Farming subdivision for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to June 8, 2026. [M. Miller] Summary: Planning Commission Resolution No. 5502, which was adopted on March 10, 2025, approved the tentative subdivision map for the F&C Farming subdivision. This subdivision is situated on the southeast corner of Prosperity Avenue and Morrison Street and comprises approximately 134.85 acres with a total of 556 single-family lots at full buildout. The development of the subdivision is being completed in phases. Phase 1 of the F&C Farming subdivision will consist of 166 single-family residential lots and 6 outlots.

To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: The tentative subdivision map for F&C Farming was approved by the Tulare Planning Commission on March 10, 2025 by Resolution No. 5502. An Environmental Impact Report (EIR) was prepared in support of the tentative map, and the Planning Tulare City Council Meeting Page 16 of 26
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Commission made the finding that economic and social benefits of the project in Tulare, consistent with the Goals and Policies of the Tulare General Plan, outweigh and override the significant and unavoidable cumulative impacts that would result from future project implementation.

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes - Changes would result in delay to the project schedule; 2) Deny - Construction of the proposed single-family residential project would not be permitted; or 3) Table - Tabling this item could adversely impact the Developer’s construction schedule.

8.16 Development Impact Fee Update and Nexus Study.

California Government Code 66016.5(a)(8) requires these studies to be updated at least every eight years.

On January 20, 2026, the City issued RFP 26-837 seeking proposals for a Development Impact Fee Update and Nexus Study. A total of five submissions were received and evaluated by a review committee comprised of representatives from Planning, Engineering, Public Works, and the City Manager's Office. Three finalists were selected for remote interviews, after which the committee designated NBS as the top-ranked proposer.

The project is scheduled to be executed in three phases. Phase one will commence immediately and will focus on Parks, Library, and Fire-related Development Impact Fees. Phase two, addressing Police, General Facilities, and Transportation-related fees, will begin following the completion of both the pavement management study and the current assessment of City facilities. Phase three will include water, sewer, groundwater, and stormwater fees and will start subsequent to the completion of water and sewer rate studies.

Fiscal Impact & Funding Source(s): The total cost, including contingency funding, is $142,780 and will be charged to Development Impact Fee funds as follows:

Fund Description Cost
210 Fire Facilities and Equipment $11,422
220 General Facilities and Equipment $11,422
215 Library $11,424
390 Parks and Recreation Facilities $11,422
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200 Law Enforcement Facilities and Equipment $11,422
230 Local Streets and Traffic Signals $42,834
290 Sewage Collections and Wastewater Treatment Facilities $21,418 260 Water Supply, Distribution and Holding Facilities $21,418 Total $142,780
Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: Any minor or clarifying changes to the Professional Services Agreement will be reviewed and approved by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.17 Request for Qualifications for Corporation Yard Master Planning.

Recommended Action: Authorize staff to issue a Request for Qualifications (RFQ) to solicit qualified consultants to prepare a Corporation Yard Master Plan. [T. Whitfield] Summary: The Corporation Yard has served as the operational hub for the City's public works (solid waste, water, sewer collections, streets, storm water), fleet maintenance, parks maintenance, police storage, and fueling facilities for decades. Over the years, City staff have recognized that the existing facility has aged significantly and no longer adequately supports the operational demands placed upon it, nor does it position the City to meet the service delivery requirements of a growing community. Deficiencies in building and asphalt condition, space utilization, infrastructure capacity, operational efficiency and security have been observed and discussed internally for many years, and the need for a comprehensive planning effort to address these challenges has become increasingly apparent.

City staff is requesting City Council authorization to move forward with the initial planning phase by issuing a Request for Qualifications (RFQ) to solicit qualified consultants to prepare a Corporation Yard Master Plan. The City seeks a consultant to conduct a comprehensive assessment of the Corporation Yard facility needs across near-term (20-year) and long-term (50-year) planning horizons. This includes a review of growth projections, stakeholder engagement with City staff, and the establishment of an ideal facility program that addresses building footprints, departmental adjacencies, parking and staging areas, fueling and EV charging infrastructure, and shared-use opportunities. The Consultant will evaluate the existing Corp Yard through a scored Facility Condition Assessment covering structural, mechanical, electrical, life safety, and ADA systems, and will assess whether the existing site can feasibly accommodate future needs. In parallel, the Consultant will identify and evaluate two candidate relocation sites within the City, as well as City-owned property adjacent to the Wastewater Treatment Plant.

A completed Corporation Yard Master Plan will provide staff with the insight and guidance needed to make informed, long-range decisions about the Corporation Yard's future. By evaluating existing conditions, identifying deficiencies, and analyzing multiple site alternatives, the Master Plan will deliver a clear, data-driven roadmap for phased facility improvements that align with the City's operational needs, growth projections, and fiscal responsibilities. Ultimately, Tulare City Council Meeting Page 18 of 26
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the Master Plan will position the City Council and staff with the information necessary to determine the best path forward with the corporation yard.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny - If the City Council does not authorize issuance of the RFQ, staff will be unable to proceed with the Corporation Yard Master Plan. In the absence of this plan, staff will not have the necessary information to support informed decisions regarding facility improvements and long-term capital planning for the Corporation Yard. Consequently, current deficiencies in building condition, space utilization, and infrastructure capacity will remain unresolved, which may exacerbate operational challenges and increase costs as the City grows and service demands rise; or 3) Table - If the City Council tables the authorization to issue the RFQ, the Corporation Yard Master Plan process will be postponed. Any delay in authorizing the RFQ will directly postpone planning and the timeline for needed facility improvements.

8.18 Fiscal Year 2025 Housing Successor Annual Report.

Recommended Action: Receive and file the Fiscal Year 2025 Housing Successor Agency Annual Report. [M. Anaya]
Summary: The City of Tulare (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Tulare Redevelopment Agency (“Agency”). The Housing Successor is responsible for maintaining housing assets transferred from the former Agency. Its main goal is to provide affordable housing for City residents.

This Housing Successor Agency Annual Report (“Annual Report”) contains information on Fiscal Year (“FY”) 2025 finances and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f). FY 2025 marks the first year of the third five-year compliance period, beginning July 1, 2024, and ending June 30, 2029. This Annual Report details how the Housing Successor has met all requirements for expenditures by income level in FY 2025. The Housing Successor also complied with all requirements from the first and second five-year compliance periods, which ended on June 30, 2019 and June 30, 2024, respectively.

This Annual Report is due to the California Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit. The City’s audited financial statements will be posted on the City’s website when available and are incorporated herein by reference. This Annual Report is submitted in tandem with the City’s Housing Element Annual Progress Report to HCD.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

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Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Deny; or 2) Table. If this Housing Successor Annual Report is not received and approved for submittal to HCD, the City will be out of compliance with state law requirements.

8.19 Fire Department Grant Fund Use.

Recommended Action: Adopt a resolution amending the Fiscal Year 2026 Budget authorizing an increase of $191,980 to Fire Department Grant Fund and use of Fire Department Grant Fund balance for the purchase of Fire Prevention and Safety Grant and State Homeland Security Grant items. [M. Ott]
Summary: In January 2025, the City accepted the 2023 FEMA Fire Prevention and Safety (FP&S) Grant funds of $163,714.28. The City has a match of $8,185.72 to complete the project.

The total project cost is $171,900. This funding was originally placed in the FY 25 budget but had not been used. It was inadvertently left out of the initial and mid-year budget process on FY

26. In November 2025, the City adopted Resolution 2025-64 to accept FY24 State Homeland Security Grant Program (SHSGP) funds in the amount of $20,080.00 for fire department communication equipment. These funds were also inadvertently left out of the mid-year budget adjustment for FY26. The Fire Department is requesting these funds be appropriated so the project can be complete, and reimbursement can be processed with FEMA and the State of California.

Fiscal Impact & Funding Source(s): This appropriation requires the use of Fire Department Grants Fund unassigned fund balance of $191,980. Fiscal impact and cost to the City is $8,185.72, which is the cost share portion of the FEMA grant. FEMA will reimburse the City up to $163,714.28 once items are purchased and funds are expended. SHSGP is 100% reimbursed up to the $20,080.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.20 First Amendment to Tripepi Smith Professional Services Agreement.

Recommended Action: Approve a First Amendment to the Professional Services Agreement with Tripepi Smith & Associates in the amount of $54,570 for on-call public relations services and sales tax information campaign services [M. Wilcox] Tulare City Council Meeting Page 20 of 26
Agenda Memo - April 7, 2026
Summary: Background: As the City has grown in population, and size and complexity of our projects and initiatives, it became clear that support was needed in delivering public information to the community about projects, programs, and services. In July 2025, the City advertised a Request for Proposals (RFP) for firms to provide on-call public relations services and sales tax information campaign services. Seven responses were received, and after reviewing RFP responses, the most qualified firms participated in virtual interviews. Tripepi Smith & Associates was selected and engaged under the City Manager’s purchasing authority, on a time and materials basis, not to exceed $50,000. This allowed City Staff to evaluate the work product and effectiveness of Tripepi Smith on a trial basis.

New Initiatives and Deliverables
Since their engagement, Tripepi Smith has assisted the City with many new public relations initiatives including: completion of an employee survey; launch of a monthly employee newsletter; development of a Budget-at-Glance webpage and document; distribution of numerous press release to highlight the positive work of the City; new social media campaigns and monitoring tools, including council meeting recaps; development, promotion, and delivery of two Budget Town Hall meetings; and development, launch, and promotion of an online tool to collect resident feedback about a future sports complex.

Next Steps
Staff have been impressed with the responsiveness and high-quality work product of the Tripepi Smith team. This Amendment allows the City to continue the on-call public relations services and sales tax information campaign services. In the coming months, this will include additional messaging about the City’s Fiscal Year 2026-27 budget development process, ongoing messaging about City initiatives such as the pavement management study and begin voter education about a potential sales tax ballot measure.

Fiscal Impact & Funding Source(s): Funds for this initiative were included in the approved Fiscal Year 2026 Adopted Budget.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item has been reviewed by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

8.21 Construction Award EN0088 Prosperity and West Traffic Signal Improvements.

Services Contractor Amount
Construction Contract 99 Pipeline $3,082,653.94
Construction Inspection NV5 $378,854.40
Geotechnical Testing Krazan $21,870.00
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Surveying QK $35,440.00
Labor Compliance Next Level Compliance $18,251.00
Summary: Capital Improvement Project EN0088 addresses pavement and infrastructure improvements along Prosperity Avenue and West Street. This project includes reconstructing and widening the Prosperity & West intersection, installing a new traffic signal, and making concrete and infrastructure improvements. Various contracts are required for this project. In addition to the actual construction contract, it will be necessary to supplement City staff with various consultant services from the City’s on-call consultants.

1. Construction Contract: 99 Pipeline
Request for bids #26-839 for the Prosperity and West Traffic Signal project was first advertised on February 2, 2026, and was available for 30 days after the initial advertisement. On March 17, 2026, eleven bids were opened, with costs ranging from $3,082,653.94 to $4,073,058.55. The project was approved by Council in the 2023-2028 transportation and utility CIP program budget on June 20, 2023. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents.

The bid opening results are as follows:
• 99 Pipeline $3,082,653.94
• Terra West $3,239,976.00
• Avison $3,454,370.00
• American Paving $3,494,969.60
• Dave Christian $3,555,619.50
• Mac General $3,748,327.20
• Granite $3,798,887.60
• Agee $3,883,603.00
• Dawson-Mauldin $3,998,466.08
• Cal Valley $4,049,717.00
• Archer Civil $4,073,058.55

2. Construction Inspection: NV5
Given the high volume of projects across the city, both private and public, the City lacks the in-house staff capacity to conduct the necessary construction inspections for the Prosperity and West Traffic Signal Project. Public improvement projects require contract compliance inspections.

NV5 of Fresno, CA, is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs within the required timeframe for completing the project. NV5 has reviewed the scope of this project and has proposed to perform construction inspection services on a time-and-materials basis, not to exceed $378,854.40, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and matches what the City has experienced on projects with similar scopes of work.

Tulare City Council Meeting Page 22 of 26
Agenda Memo - April 7, 2026

3. Material Testing: Krazan
While the project is under construction, we will need to perform material testing to ensure compliance with City standards. These tests, including laboratory work, exceed the capabilities of the City’s own testing facilities.

Krazan of Clovis, CA, is listed among the pre-qualified On-Call Geotechnical and Materials Testing consultants. Their proposal demonstrates that they have the skills, expertise, and resources necessary to meet the City’s requirements and deadlines for this project. Krazan has reviewed the scope and proposed to perform the required services on a time-and-materials basis, not to exceed $21,870, in accordance with their on-call contract. This figure aligns with industry standards and is below the estimated cost for these services.

4. Construction Surveying: QK
During construction, it will be necessary to provide construction staking to ensure the Contractor has the essential locations and elevations to properly construct the improvements. Survey services include field and office surveying and recording corner records with Tulare County. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract. They therefore cannot be performed under the Contractor’s contract. Additionally, City Staff does not have the time or the professional qualifications to perform these services.

QK of Visalia, CA, is listed among the On-Call Construction Surveying consultants, and their proposal demonstrates they possess the necessary skills, expertise, and resources to meet the City’s needs and the project's timeframe. QK has reviewed the project scope and proposes to perform the necessary services on a time-and-materials basis, not to exceed $35,440. This amount aligns with industry standards and with the City's experience on projects with similar scopes of work.

5. Labor Compliance Monitoring: Next Level Compliance
This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with ever-changing state and federal requirements, it will be necessary to monitor labor compliance for contractors and consultants subject to these requirements. Due to the complexities involved, the City lacks the necessary expertise and resources to perform this work.

Next Level Compliance, based in Galt, CA, is included on the list of pre-qualified OnCall Labor Compliance Monitoring consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the project work. Labor Consultants of California has reviewed the scope of this project and proposes to perform the necessary services on a time-and-materials basis, not to exceed $18,251, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and aligns with the City's experience on projects with similar scopes of work.

Staff recommends awarding and authorizing the City Manager or their designee to sign contracts related to City Project EN0088, Prosperity and West Traffic Signal Project.

Additionally, staff recommends granting the City Manager or their designee the authority to approve contract change orders up to 10% of each contract's amount and to approve the revised budget.

Tulare City Council Meeting Page 23 of 26
Agenda Memo - April 7, 2026
Fiscal Impact & Funding Source(s): EN0088 was approved as part of the 2026-2030 Capital Improvement Program Budget and is scheduled for FY 2026. Fund appropriations will be carried forward. Please accept the attached revised project sheet.

Environmental Review: The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15301(c).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: Subsequent contract approval to be revised by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny - If the Council chooses to reject all bids, staff would need to rebid later to finish the project; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:25 p.m.]

9.1 Cesar Chavez Memorial Park.

Recommended Action: Establish a Council subcommittee composed of at least two Councilmembers and two Park and Recreation Commissioners to work with staff to collect community input regarding the future of Cesar Chavez Memorial Park and related signage; and provide direction on immediate signage management and next steps for potential park renaming. [M. Mondell]
Summary: In recent weeks, multiple national and regional news outlets have reported new allegations of child abuse involving Cesar Chavez, prompting various jurisdictions to reevaluate public facilities and observances carrying his name. Staff is aware of the ongoing controversy and continues to monitor actions taken by other agencies and future legislative responses.

In 1994, the City approved renaming Lincoln Park to Cesar Chavez Memorial Park and installed a large monument featuring the likeness of Cesar Chavez, donor bricks, dedication plaques, and a rear inscription.

Following public statements by Councilmember Sigala regarding covering or removing the monument, staff placed a temporary cover on the sign. Although this action did not receive majority Council direction, staff moved forward out of caution. The covering was removed twice by unknown individuals and replaced by staff each time, reflecting the sensitivity and division among community members.

Staff has since procured more durable materials to maintain a secure covering and will continue to monitor the site. Staff has also temporarily paused advertising for the upcoming Arbor Day event at the park until Council provides direction regarding the future of the park name and monument.

As part of preliminary considerations, staff notes that several alternative naming concepts, such as Farm Workers Park, Freedom Park, or Unity Park, including Spanish-language equivalents, Tulare City Council Meeting Page 24 of 26
Agenda Memo - April 7, 2026
could reflect broader historical themes rather than individual figures, reducing susceptibility to future controversies.

Given community sensitivity and the evolving regional and national context, staff seeks Council direction regarding both the park name and the monument itself. Staff requests that Council determine:
• Whether there is support for initiating a park renaming process; • Whether the monument should be removed, altered, maintained, or uncovered; • Whether staff should undertake any immediate operational or communication steps.

Although the City does not have a formal policy governing naming or renaming of parks, past practice has been for the Parks and Recreation Commission to provide a recommendation to the City Council, which renders final approval. To support a comprehensive and balanced review, staff recommends forming a subcommittee consisting of two Councilmembers and two Parks and Recreation Commissioners, supported by staff, to conduct outreach and develop a recommendation for the full Council.

The subcommittee would work with staff to schedule community meetings, gather public input, and return to Council at a later date with their recommendations. No definitive timeline is proposed at this stage to allow the process to respond to community needs and evolving external developments.

Fiscal Impact & Funding Source(s): Costs associated with temporary monument covering materials, staff time, and potential renaming efforts will be assessed as the process develops.

Should Council move forward with renaming or replacing signage, staff will return with cost estimates.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

9.2 Fiscal Year 2027 Budget Review.

Recommended Action: Review the preliminary Fiscal Year 2027 budget and provide direction thereto. [M. Roberts]
Summary: This is the first draft of the proposed budget for Fiscal Year 2027, which provides a preliminary overview of the City’s overall budget.

Preliminary Budget
All Funds
Projected Revenues $179,898,253
Estimated Expenditures 166,222,610
General Fund
Projected Revenues $74,909,919
Projected Transfers In 58,370
Tulare City Council Meeting Page 25 of 26
Agenda Memo - April 7, 2026
Estimated Expenditures 72,831,635
Estimated Transfers Out 3,008,000
Preliminary Surplus / (Use of Fund Balance) ($ 871,346) Fiscal Impact & Funding Source(s): There is no fiscal impact to the current Fiscal Year 2026 budget, as this is in preparation for the Fiscal Year 2027 budget.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

9.3 TCAG Board of Governors Representative Selection.

Recommended Action: Appoint a new primary and alternate representative on the Tulare County Association of Governments (TCAG) Board of Governors. [M. Wilcox] Summary: The Tulare County Association of Governments (TCAG) is governed by a Board of Governors composed of representatives from each of the eight cities within the county, five members of the County Board of Supervisors, three members-at-large, and one public transit representative.

In January 2025, the City Council appointed Councilmember Sigala as the City’s primary representative to the TCAG Board of Governors, with Councilmember Sayre designated as the alternate. Because regular participation is essential for the City to remain fully informed and engaged on regional transportation and planning matters that significantly impact local interests, staff recommends the Council consider appointing a primary representative who can consistently attend meetings. If the Council selects Councilmember Sayre as the primary representative, an alternate would also need to be appointed.

Consistent representation ensures the City’s voice is present in discussions and decisions that directly affect our community.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Potential Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

Tulare City Council Meeting Page 26 of 26
Agenda Memo - April 7, 2026

10. FUTURE AGENDA ITEMS [Time Estimate: 9:15 p.m.]

10.1 Establishing a Citywide Yard Sale Weekend.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

10.2 Establish Policy for Councilmembers to Appeal Planning Commission Decisions.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

10.3 Study Session on Proposed Tax Measure.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala

11. STAFF UPDATES [Time Estimate: 9:25 p.m.]

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 9:30 p.m.]

12.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 3 cases

13. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:15 p.m.]

14. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

15. ADJOURNMENT [Time Estimate: 10:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, April 21, 2026, at 5:30 p.m. in the Council Chamber, 491 North M Street, Tulare.

WHEREAS, children are our nation’s most vulnerable members and our nation’s most valuable resources, helping to shape the future of Tulare; and
WHEREAS, positive childhood experiences and safe, stable, nurturing relationships help mitigate the long‑term impacts of trauma and adverse childhood experiences, supporting the healthy development of children; and
WHEREAS, child abuse and neglect affect every community in the United States and preventing these issues requires collective action, strengthened family supports, and community engagement; and WHEREAS, the Child Abuse Prevention Council (CAPC) of Tulare County, established in 1982, brings together public and community‑based organizations to prevent child abuse through advocacy, collaboration, education, and information‑sharing for children and families; and WHEREAS, the CAPC’s mission is to prevent child abuse by coordinating community partnerships and quality services, and its vision is to end child abuse by promoting healthy families where children reach their full potential; and
WHEREAS, the CAPC values the strengths of families, the empowerment of communities, and a united commitment to preventing child abuse and neglect in Tulare County; and WHEREAS, the City of Tulare recognizes and appreciates the CAPC and its network of partners, educators, healthcare providers, law enforcement personnel, nonprofits, and volunteers, who work collaboratively to ensure children and families receive the support they need to thrive NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim April 2026 as National Child Abuse Prevention Month
in the City of Tulare and encourage all residents to support families, participate in prevention efforts, and help build a hopeful, healthy future for every child.

Dated this 7th day of April 2026.

Patrick Isherwood, Mayor
Stephen C. Harrell, Vice Mayor
Jose Sigala, Councilmember
Terry A. Sayre, Councilmember
Dennis A. Mederos, Councilmember
Proclamation
WHEREAS, National Donate Life Month is observed each April to honor the individuals who have given the gift of life through organ, eye, and tissue donation, and to celebrate the lives that have been saved or healed through this generosity; and
WHEREAS, more than 100,000 people in the United States, including many Californians, are currently on the national organ transplant waiting list, each hoping for a second chance at life through the generosity of a donor; and
WHEREAS, organ, eye, and tissue donation is a life‑giving act recognized worldwide as an expression of compassion, with a single donor able to save up to eight lives through organ donation and improve or heal the lives of up to 75 more through tissue donation; and WHEREAS, this year’s Donate Life theme uses trees as a symbol of life, growth, and connection, reminding us that just as trees support one another within a forest, donations connect donors, recipients, families, and caregivers, creating a lasting legacy of hope; and WHEREAS, the gift of donation is not limited by age or most medical conditions, and more than fourteen million Californians have already registered their decision to be organ, eye, and tissue donors through the Donate Life California Registry; and
WHEREAS, Californians may register their donor decision when applying for or renewing a driver’s license or identification card through the California Department of Motor Vehicles, or online at any time.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim the month of April 2026 as
National Donate Life Month
in the City of Tulare and encourage all residents to learn more about living donations, support the Donate Life cause, and join national efforts throughout the month to honor donors, recipients, their families, caregivers, and the clinical teams who make donation and transplantation possible.

Dated this 7th day of April 2026.

Patrick Isherwood, Mayor
Stephen C. Harrell, Vice Mayor
Jose Sigala, Councilmember
Terry A. Sayre, Councilmember
Dennis A. Mederos, Councilmember
Proclamation
City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, March 17, 2026
5:30 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Wilcox; Deputy City Manager/Chief Technology Officer Jason Bowling; Assistant Finance Director Melanie Gaboardi; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Chief Michael Ott; General Services Director Manny Correa; Community Development Director Mario Anaya; Executive Director of Economic Development &
Redevelopment Jennifer Gomez; Human Resources Director Janie Venegas

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the Tulare City Council at 5:35 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Fire Chief Ott led the Pledge of Allegiance, and an invocation was given by Susan Henard, Pastor of River Valley Church.

3. PROCLAMATIONS & RECOGNITIONS

3.1 California Parks & Recreation Society (CPRS) Awards of Excellence Presentation.

This item was tabled to a future meeting due to a scheduling conflict.

4. PUBLIC COMMENT
There were no public comments.

5. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest.

7. CONSENT CALENDAR
Item 7.7 was removed from the Consent Calendar.

It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the items on the Consent Calendar as presented except for item 7.7.

Item #: 8.2
Consent
City Council Meeting Minutes Tuesday, March 17, 2026
City of Tulare Page 2 of 4

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of March 3, 2026. [M. Wilcox]

7.3 Economic Development Updates.

Recommended Action: Receive an update on economic development activities. [J.

Gomez]

7.4 Notice of Completion – EN0095 Academy & Apricot Improvements.

Recommended Action: Accept as complete the contract with Dawson-Mauldin, LLC, of Selma, CA, for work on Project EN0095 – Academy & Apricot Improvements; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]

7.5 Fiscal Year 2026 Position Control Budget and Salary Schedule Amendment.

Recommended Action: Adopt a resolution amending the City’s Fiscal Year 2026 Position Control Budget (PCB) and Salary Schedule to update certain classification titles, establish the Deputy City Engineer classification and associated salary range, convert a Plans Examiner to an Engineering Assistant, designate certain fire classifications as flexibly allocated, and authorize the City Manager, or designee, to update the PCB and Salary Scheule accordingly. [J. Venegas]

7.6 Award of Vehicle Purchases.

Recommended Action: Award the purchase of four new/unused 2026 Chevrolet Equinox and one new/unused 2026 Chevrolet Silverado to National Auto Fleet Group of Watsonville, CA using Sourcewell Contract No. 081325-NAF in the amount of $182,081.15. [T. Whitfield]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.7 Acceptance of Community Cleanup and Employment Pathway Grant Funds.

Recommended Action: Adopt a resolution authorizing the City Manager or designee to accept Community Cleanup and Employment Pathway (CCEP) grant funds in the amount of $210,000 and execute agreements and all other applicable documents with the California Department of Transportation for the West Tulare Alleyway Beautification and Workforce Initiative Project. [M. Correa]
Council Action: This item was pulled by Councilmember Mederos to commend staff for receiving this grant. Councilmember Sigala inquired about using the grant funds to provide roll-off bins to the community. General Services Director Correa provided a response thereto. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.

8. GENERAL BUSINESS

8.1 Emergency Shelter Services Agreement.

Recommended Action: Approve and authorize the City Manager to execute the revised emergency shelter services agreement with Lighthouse Rescue Mission (“LRM”) regarding the City’s emergency shelter project for the term June 1, 2026 through May 31, 2029.

Presented By: City Attorney Zamora; City Manager Mondell Public Comment: There were no public comments.

City Council Meeting Minutes Tuesday, March 17, 2026
City of Tulare Page 3 of 4
Council Action: Councilmember Mederos requested a minor modification in the Policy and Procedures document, changing “The Lighthouse provides…” to “The Lighthouse shall provide…” in Section 3 of page 31. Councilmember Mederos also requested to ensure consistency in the documents where meals are discussed. Councilmember Sigala inquired about the grievance process and reference to an advisory committee. Renee Soto, member of the Lighthouse Rescue Mission Board, provided response thereto.

Councilmember Sigala requested a list of the members on that committee as well as notification of any challenges occurring at the shelter. It was agreed that a synopsis of the internal meetings that occur biweekly would be provided to Council under the Consent Calendar. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item subject to the minor modifications discussed.

8.2 First Reading of Ordinance Regarding EV Charging Station Permit Process.

Recommended Action: Pass-to-print an ordinance approving the addition of Section 120of Chapter 4 of Title 4 of the Tulare Municipal Code providing a streamlined permitting process for electric vehicle charging stations in accordance with California Government Code section 65850.7.

Presented By: City Attorney Zamora
Public Comment: There were no public comments.

Council Action: Questions posed by Council were responded to by staff. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.

8.3 Provide Direction on Councilmember Sigala’s Previously Submitted Agenda Items.

Recommended Action: Postpone amending the City’s Truck Route Ordinance as part of the General Plan Update to commence in January 2027 and continue to explore establishment of the Community Garden and Arts Center as part of the Downtown MixedUse Project.

Presented By: City Manager Mondell
Public Comment: There were no public comments.

Council Action: Following discussion, it was the consensus of Council to direct staff to identify an expert on community gardens and invite them to provide a presentation at a future City Council meeting. It was the consensus of Council to address the Truck Route Ordinance during the General Plan update which will commence in January 2027.

9. FUTURE AGENDA ITEMS

9.1 City Council Review Process for Contracted City Attorney Legal Counsel Services.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Mayor Isherwood
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

9.2 Recognition and Honoring Radio Louie.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Vice Mayor Harrell
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

10. STAFF UPDATES
Staff provided updates on department activities. City Manager Mondell provided an update on the following items:
• Sponsorship for the July 4th event with the Symphony, including securing a title sponsor.

City Council Meeting Minutes Tuesday, March 17, 2026
City of Tulare Page 4 of 4
• Examples of types of events held at Zumwalt and costs related thereto were provided to Council in a weekly report.
• A list of programs for the youth that the City currently offers or plans to offer was provided to the Council in a weekly report.
• Downtown TASTE program recently awarded grants and loans with approximately $115,000 left for loans and $105,000 left for grants.
• A Request for Qualifications (RFQ) will be issued soon to hire a consultant to work on the Inyo Corridor project.
• The schedule for the Corporation Yard project.

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

11.1 Conference with Real Property Negotiations (Govt. Code § 54956.8) Property: APN 191-050-073 (653 E. Paige Avenue)
Agency Negotiator(s): City Attorney Zamora, City Manager Mondell, Assistant City Manager Gaffery, City Engineer Miller
Negotiating Parties: Shirley Coelho as Trustee of the Lawrence and Shirley Coelho 1995 Revocable Trust U/D/T Dated October 16, 1995
Under Negotiations: Price and terms of payment
Council recessed to closed session at 7:27 p.m.

12. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 7:52 p.m.

13. CLOSED SESSION REPORT
There was no reportable action.

14. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 7:52 p.m.

This is to certify that the foregoing is a true and
correct copy of the minutes of the special and/or
regular meeting held on March 17, 2026, as
approved by the Tulare City Council.

Marc Mondell, City Clerk

By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: City Attorney
Submitted by: Mario U. Zamora, City Attorney
Agenda Title: Second Reading and Adoption of Ordinance 2026-02

RECOMMENDED ACTION
Adopt Ordinance 2026-02 approving the addition of Section 120of Chapter 4 of Title 4 of the Tulare Municipal Code providing a streamlined permitting process for electric vehicle charging stations in accordance with California Government Code section 65850.7.

SUMMARY
California Government Code section 65850.7 requires local cities and counties to adopt an ordinance for a streamlined process of approving permits for electric vehicle charging stations. This protects the rights of homeowners and businesses to install EV chargers and prevents local governments from setting unfair regulations that make it difficult or expensive.

The ordinance was introduced and passed-to-print on March 17, 2026. There have been no changes since that time.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item was prepared by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance 2026-02
Reviewed/Approved:

Item #: 8.3
Consent
ORDINANCE 2026-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
ADDING SECTION 120 TO CHAPTER 4 OF TITLE 4 OF THE CITY OF TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to add Section 120 of Chapter 4 of Title 4 of the City of Tulare Municipal Code related to street racing; and
WHEREAS, the purpose of the revisions of this Ordinance is to implement violations and consequences to those found to be involved in street racing within the City of Tulare.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:

SECTION 1. Section 120 of Chapter 4 of Title 4 of the City of Tulare Municipal Code is hereby adopted as follows:

4.04.120 Permit Process for Electric Vehicle Charging Systems.

Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's/County's adopted checklist shall be published on the City's/County's website.
(A) Permit Application Processing:
(1) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
(2) A permit application that satisfies the information requirements in the City's/County's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City/County adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City/County. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(3) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (B) Technical Review:
(1) It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action ORDINANCE 2026-02

Page 2 ends

does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City/County may require the applicant to apply for a use permit.
(2) In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(C) Electric Vehicle Charging Station Installation Requirements:
(1) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
(2) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (3) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

SECTION 2. If any provision of the Tulare Municipal Code or Title of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Section 120 of Chapter 4 of Title 4 are in conflict therewith, these provisions of Section 120 of Chapter 4 of Title 4 shall govern.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption. /////
ORDINANCE 2026-02

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of April 2026, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Tulare City Council.

Passed to Print: 3/17/2026
Published:

Effective:

Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Human Resources
Submitted by: Janie Venegas, Human Resources Director
Agenda Title: Tulare City Professional Fire Fighters Association Non-Management Group MOU

RECOMMENDED ACTION
Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Non-Management Group for the term of July 1, 2025 through June 30, 2028; amending the City’s Fiscal Year 2026 Salary Schedule; and authorizing the City Manager, or designee, to update the Salary Schedule accordingly.

SUMMARY
This bargaining group consists of Firefighter, Firefighter/Paramedic and Fire Engineer positions.

Key provisions of this MOU include:
• Term:
o A three-year term of July 1, 2025 through June 30, 2028. o The option for a total compensation reopener on or after January 1, 2027. • Base Compensation:
o A 4% compensation increase effective first full pay period in July 2025. o A 4% compensation increase effective first full pay period in July 2026. o A 4% compensation increase effective first full pay period in July 2027. • Service Pay (cumulative)
o 1.5% at 5 years of experience – Effective first full pay period in July 2025. o 2% at 10 years of experience – Effective first fully pay period in July 2025. o 2.5% at 15 years of experience – Effective first fully pay period in July 2026. o 3% at 20 years of experience – Effective first fully pay period in July 2027. • Working in A Higher Classification
o Increase Acting Engineer pay from $20 per shift to $50 per shift. o Increase Acting Captain pay from $25 per shift to $75 per shift. • Certification Incentive Pay:
o Set a maximum of 7.5%.
o Add a 2.5% incentive for Firefighter and Firefighter/Paramedic employees who have the Driver Operator 1A/B certification.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Minimum Staffing
o Increase from 12 to 13.
• Sick Leave Accrual
o Increase from 11.2 hours to 12.0 hours per month.
• Miscellaneous:

Item #: 8.4
Consent
o Testing and Recruitment procedures section added that establishes committee to meet and consult on testing procedures for positions that are covered by this bargaining group. o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities, staffing policy, staffing planning for a future fire station 64, operations such as tour of duty duration, sick leave as days works, etc., and items related to the FLSA 7(d) exemption.
o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

FISCAL IMPACT & FUNDING SOURCES
Funding for this MOU was included in the Fiscal Year 2026 general fund budget and will be accounted for in subsequent years as part of the budget development process.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This MOU has been reviewed by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. MOU
Reviewed/Approved:

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF TULARE AND THE TULARE CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION NON-MANAGEMENT GROUP FOR THE TERM OF JULY 1, 2025 THROUGH JUNE 30, 2028; AMENDING THE CITY’S FISCAL YEAR 2026 SALARY SCHEDULE;

AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO UPDATE THE SALARY

SCHEDULE ACCORDINGLY
WHEREAS, on November 21, 2023, the City Council approved a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association NonManagement Group for a term from July 1, 2023 through June 30, 2025; and WHEREAS, parties of the Tulare City Professional Fire Fighters Association Non-Management Group and City of Tulare staff met and bargained in good faith and have mutually agreed upon an MOU to cover the period from July 1, 2025 through June 30, 2028; WHEREAS, the City Council is familiar with the terms and provisions of said MOU; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, Section 36506 of the California Government Code requires that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive offices and employees; and WHEREAS, pursuant to Section 570.5 of Title 2 of the California Code of Regulation, payrates shall be duly approved and adopted by the City Council in accordance with requirements of public meeting laws and be publicly available in a salary schedule which identified the position title for every employee position; the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range; and indicates the time base, including but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; and WHEREAS, the California Public Employees’ Retirement System (CalPERS), requires all CalPERS contracted employers to list their compensation levels in one document, approved and adopted by the governing body, in accordance with Title 2, California Code of Regulations Section 570.5 and meeting all the requirements thereof; and
WHEREAS, on June 17, 2025, the City Council adopted Resolution 2025-36 adopting the Fiscal Year 2026 Position Control Budget (PCB) and Salary Schedule; and WHEREAS, it is necessary to amend the adopted PCB and Salary Schedule from time to time, as determined by the City Manager, to provide for additional positions and/or changes in salary ranges, which are brought forth to the City Council for approval; and WHEREAS, the approved MOU includes a four percent (4%) base compensation increase for the Firefighter, Firefighter/Paramedic and Fire Engineer classifications, retroactive to July 12, 2025; and WHEREAS, the City Council desires to authorize the City Manager, or designee, to update the City’s Fiscal Year 2026 Salary Schedule to incorporate the approved adjustments.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The above recitals are true and correct.

Resolution 2026-XXX

Page 2 ends

Section 2. The City Council hereby approves the MOU, attached hereto as Exhibit A, and incorporated herein by reference.

Section 3. The City Council hereby approves a four percent (4%) base compensation increase for the Firefighter, Firefighter/Paramedic and Fire Engineer classifications, retroactive to July 12, 2025.

Section 4. Resolution 2025-36 is hereby amended to incorporate the salary schedule updates approved herein.

Section 5. The City Manager, or designee, is hereby authorized to update the Fiscal Year 2026 Salary Schedule to reflect the adjustments outlined above.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of April 2026, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

CLASSIFICATION Code A B C D E Group
Fire Engineer 4020 Monthly $ 6,991.00 $ 7,340.55 $ 7,707.56 $ 8,092.95 $ 8,497.60 fire Hourly $ 40.33 $ 42.35 $ 44.47 $ 46.69 $ 49.02
Firefighter/Paramedic 4030 Monthly $ 6,650.87 $ 6,983.42 $ 7,332.59 $ 7,699.19 $ 8,084.17 fire Hourly $ 38.37 $ 40.29 $ 42.30 $ 44.42 $ 46.64
Firefighter 4025 Monthly $ 6,152.06 $ 6,459.67 $ 6,782.65 $ 7,121.75 $ 7,477.86 fire Hourly $ 35.49 $ 37.27 $ 39.13 $ 41.09 $ 43.14

MASTER SALARY SCHEDULE
April 7, 2026 (Retro to Effective to July 12, 2025)

MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare City Professional Fire
Fighters Association Non‐
Management Bargaining Group
Effective Date: July 1, 2025 through June 30, 2028
Approved by Council: April 7, 2026
i

MEMORANDUM OF UNDERSTANDING
July 1, 2025 through June 30, 2028

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND

THE TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION NON-MANAGEMENT

BARGAINING GROUP
Table of Contents
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OF BENEFITS ..................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 2 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEE INFORMATION ................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 3 X. SALARY............................................................................................................................. 3 XI. SERVICE PAY ................................................................................................................... 3 XII. SEVERABILITY ................................................................................................................ 4 XIII. RENEGOTIATION ............................................................................................................ 4 XIV. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT ....................... 4 XV. TERM ................................................................................................................................. 4 XVI. COMPENSATION AND HOURS ..................................................................................... 5 A. Application of Salary Ranges and Rates ............................................................................. 5

1. Promotion ...................................................................................................................... 5 B. Standard Work Periods ....................................................................................................... 5

1. Fire Department Non-Shift personnel or staff positions ............................................... 5

2. Fire Department Shift Personnel ................................................................................... 5 C. Exceptions to Standard Work Periods ................................................................................ 5 D. Computation of Salary ........................................................................................................ 5 E. Overtime Policy: Definition ................................................................................................ 6 F. Overtime Compensation ..................................................................................................... 6

1. Compensation for Position of Acting Captain or Engineer .......................................... 6

2. Compensation for Apparatus Incentive Pay ................................................................. 7

3. Incorporation of Side Letters ........................................................................................ 7 H. Overtime Conditions: Local Peril or Disaster ..................................................................... 7 I. Deductions .......................................................................................................................... 7 J. Paid Holidays ...................................................................................................................... 7

1. Regular Holidays for Pay Purposes .............................................................................. 7 K. Regular Holidays for Pay Purposes .................................................................................... 8

1. Fire Shift Personnel....................................................................................................... 8 ii

2. Paid Days in Lieu of Holidays at Termination ............................................................. 8 L. Compensation for Work on Paid Holidays ......................................................................... 8 M. Compensation During Attendance of A Training Course During Vacation, Holidays, Day Off ....................................................................................................................................... 8

1. Holidays (SEC. 421) ..................................................................................................... 9

2. Vacations....................................................................................................................... 9

3. Days Off or Off Duty Shifts (SEC. 412)....................................................................... 9 N. Education and Certification Incentive Program .................................................................. 9 O. Sick Leave Compensation................................................................................................. 11

1. Upon Retirement ......................................................................................................... 11 P. Compensation for Fractions of Hours Worked ................................................................. 11 Q. Retirement Compensation ................................................................................................. 11

1. Employee Share to Public Employee Retirement System .......................................... 12

2. PERS Survivor Benefit ............................................................................................... 12 R. Bilingual Pay ..................................................................................................................... 12 S. Deferred Compensation .................................................................................................... 12 T. Uniform Allowance .......................................................................................................... 13

1. Regular Employees of the Fire Department................................................................ 13

2. Additional Uniforms and Uniform Allowance Procedures ........................................ 13 U. Minimum Staffing ............................................................................................................. 13 XVII. ANNUAL VACATION LEAVE ...................................................................................... 14 A. Purpose of Annual Vacation Leave .................................................................................. 14 B. Eligibility for Annual Vacation Leave .............................................................................. 15

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 15 C. Accrual of Annual Vacation Leave ................................................................................... 15

1. Annual Vacation Leave Accrual for Non-Management Fire Shift Personnel ............ 15 D. Accumulation of Annual Vacation Leave ......................................................................... 15 E. Scheduling of Vacation Leave .......................................................................................... 15

1. Fire Department Scheduling ....................................................................................... 16 F. Working During Annual Vacation Leave ......................................................................... 16 G. Holidays Within Vacation Leave ...................................................................................... 16 H. Illness Within Vacation Leave .......................................................................................... 17 I. Payment of Annual Leave Upon Termination .................................................................. 17 J. Effect of Extended Military Leave ................................................................................... 17 XVIII. SICK LEAVE ................................................................................................................... 17 A. Statement of Policy ........................................................................................................... 17 B. Eligibility for Sick Leave .................................................................................................. 17

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 17

2. Seasonal Part Time Personnel ..................................................................................... 17 C. Accrual of Sick Leave ....................................................................................................... 17

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ............................... 17

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ....................... 18 D. Accumulation of Sick Leave ............................................................................................. 18

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ................ 18 E. Holidays Within Sick Leave ............................................................................................. 18 F. Usage of Sick Leave ......................................................................................................... 18 iii
G. Deduction of Sick Leave ................................................................................................... 18 H. Verification of Sick Leave Usage ..................................................................................... 18 I. Sick Leave Compensation Upon Termination .................................................................. 18 J. Sick Leave Compensation Upon Retirement .................................................................... 19 K. Workers’ Compensation ................................................................................................... 19

1. Fire Department Personnel ......................................................................................... 19 L. Depletion of Sick Leave, Compensatory Time and Vacation Benefits ............................ 20 M. Employee Rehabilitation ................................................................................................... 20 XIX. OTHER LEAVES OF ABSENCE.................................................................................... 20 A. Leave of Absence Without Pay......................................................................................... 20

1. Approval of Department Head .................................................................................... 21

2. Approval of City Manager .......................................................................................... 21 B. Absence Without Leave .................................................................................................... 21 C. Leave of Absence: Death Outside the Immediate Family ................................................ 21 D. Maternity ........................................................................................................................... 21 E. Employee’s Time Off to Vote ........................................................................................... 21 F. Jury Duty: Leave of Absence ............................................................................................ 21 G. Subpoenas: Leave of Absence .......................................................................................... 21 H. Leave for Attendance at Industrial Accident Commission Hearing or Related Physical Examinations..................................................................................................................... 22 I. Bereavement Leave ........................................................................................................... 22 J. Educational Leave ............................................................................................................. 22 XX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 23 XXI. DISCIPLINARY PROCEEDINGS .................................................................................. 23 A. Disciplinary Action: Definition ........................................................................................ 23 B. Causes for Disciplinary Action ......................................................................................... 23 C. Persons By Whom Disciplinary Action May Be Taken ................................................... 24 D. Procedures Preceding Imposition of Disciplinary Action ................................................ 24 E. Imposition of Disciplinary Action .................................................................................... 25 F. Extraordinary Circumstances ............................................................................................ 25 G. Right of Appeal ................................................................................................................. 25 H. Right of Appeal: Hearing .................................................................................................. 25 I. Right of Appeal: Representation ....................................................................................... 26 J. Right of Appeal: Failure of Employee to Appear ............................................................. 26 K. Effect of Disciplinary Actions .......................................................................................... 26

1. Oral Reprimand ........................................................................................................... 26

2. Written Reprimand...................................................................................................... 26

3. Disciplinary Probation ................................................................................................ 26

4. Suspension .................................................................................................................. 26

5. Salary Reduction ......................................................................................................... 26

6. Discharge .................................................................................................................... 26 L. Releasing of Information Relative to Disciplinary Action Against Municipal Employees .. ..................................................................................................................................... 26 M. Informal Counseling with the City Manager .................................................................... 27 N. Non-Applicability ............................................................................................................. 27 XXII. MISCELLANEOUS ......................................................................................................... 27 iv
A. Reports of Chang of Status ............................................................................................... 27 B. Damage Claims ................................................................................................................. 27 C. Gratuities ........................................................................................................................... 27 D. Outside Employment ........................................................................................................ 27 E. Compensation for Use of Private Automobile in City Business....................................... 28 F. Conflict of Interest ............................................................................................................ 28 G. Damaged Equipment Review Committee ......................................................................... 28 H. Personnel Files .................................................................................................................. 28 I. Position Reclassification ................................................................................................... 28

1. Position Reclassification ............................................................................................. 28

2. Classification Analysis................................................................................................ 29

3. Appeals ...................................................................................................................... 29 J. Employee Assistance Program Policy .............................................................................. 29 K. Flexible Benefits Program ................................................................................................ 29 L. Vehicle Use Policy ............................................................................................................ 29 M. Wellness Program ............................................................................................................. 30 N. Station Assignment Policy ................................................................................................ 30 O. Sick Leave Donation Bank ............................................................................................... 31 P. Recruitment and Testing Procedures ................................................................................ 31 XXIII. INSURANCE .................................................................................................................... 32 A. Health, Dental, and Vision ................................................................................................ 32 B. Insurance - Life ................................................................................................................. 33 C. Insurance - Disability ........................................................................................................ 33 1 I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters Association as the recognized employee organization representing the following classifications:
• Firefighter
• Firefighter/Paramedic
• Fire Engineer
II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the MeyersMilias-Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum and to set forth the understandings of the parties reached as a result of good faith bargaining.

The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the City of Tulare and the Tulare City Professional Fire Fighters Association NonManagement Bargaining Group, upon ratification of the Tulare City Council.

III. NON-DISCRIMINATION
The City agrees to act pursuant to section 3502 of the Government Code relative to employee rights to representation. No employee shall be intimidated, coerced, restrained or unlawfully discriminated against because of the exercise of these rights. The provisions of the Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, age, sex, national origin, political or religious affiliation.

IV. MAINTENANCE OF BENEFITS
The City and the Tulare City Professional Fire Fighters Association Non-Management Group agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Professional Fire Fighters Association Non-Management Bargaining Group within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

The City of Tulare and the Tulare City Professional Fire Fighters Association Non- Management Group have agreed to meet and discuss the following policies: Harassment/Hostile Work Environment/Discrimination, Substance Abuse, Discipline, Family Care and Medical Leave, and any other policy to address new State mandates.

The City of Tulare and the Tulare City Professional Fire Fighters Association Non-Management Group have also agreed to meet and discuss items related to the staffing policy, staffing planning 2 for a future fire station 64, operations such as the tour of duty duration, sick leave as days worked, etc., and items related to the FLSA 7(k) exemption. The City anticipates engaging a consultant to facilitate some of this effort.

Additionally, the City of Tulare and the Tulare City Professional Fire Fighters Association NonManagement Group have agreed to meet and discuss total compensation to include paid time off, life insurance, tuition reimbursement, service pay and pay structures (list is not all inclusive).

V. CITY AUTHORITY
The City shall retain all legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include, among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel of which governmental; operations are to be concluded; take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

Participation by an employee in this bargaining unit in a strike or work stoppage is governed by California Labor Code section 1962. The Union and its members, officers and representatives agree that they will not cause or condone any strike, slow down, or sick out during the term of this Agreement.

VI. EMPLOYEE RIGHT TO REPRESENTATION
Any regular employee has the right to representation by a person of his/her choice at a proposed disciplinary proceeding and at meetings that may have a negative impact on the employee's employment relationship with the City of Tulare. If such a meeting is set, the employee shall be notified of same and of their rights under this section.

VII. AVAILABILITY OF RULES AND REGULATIONS
It shall continue to be the policy of the City to provide at least one current copy of Resolution No. 2537 (Rules and Regulations for the Administration of the City of Tulare Merit Personnel System) at each departmental or divisional office. A copy of said document shall be available and may be loaned to any employee who so requests. At these same locations, the City shall post information regarding job openings.

IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the Union reasonable notice of any ordinance, rule, resolution or regulation affecting the Union or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

X. SALARY
Salary increases provided during the term of this Memorandum of Understanding shall be as follows:
4% increase effective the first full pay period in July 2025. 4% increase effective the first full pay period in July 2026. 4% increase effective the first full pay period in July 2027.

The City does not anticipate conducting another total compensation survey prior to the next negotiation round. The following cities will be surveyed for any future agreed-upon total compensation comparisons: Hanford, Porterville, Visalia, Dinuba, Fresno, Clovis, and Bakersfield.
1 XI. SERVICE PAY
Service Pay can be discussed again as a part of the 2027 total compensation reopener.

Implementing a full Service Pay program is contingent on if the City experiences an increase in reoccurring revenues greater than the cost to implement the Service Pay program.

The Service Pay percentages stated below.
a) 1.5% at 5 years of experience – Effective the first full pay period in July 2025 b) 2% at 10 years of experience – Effective the first full pay period in July 2025 c) 2.5% at 15 years of experience – Effective the first full pay period in July 2026 d) 3% at 20 years of experience - Effective the first full pay period in July 2027 The tiers of service pay are cumulative to the maximum of nine percent (9.00%).

Tiers are calculated on completed years of service based on years of active service for the City of Tulare Fire Department. Current and new sworn employees will be recognized for active service as a firefighter in California in good standing on continuous (not a single day’s break in working for a public agency) basis until hired by Tulare Fire Department, regardless of agency worked, as long as the firefighter had no break working for a public agency. “Active service as a firefighter 1 The City of Tulare as a whole compares its salaries with the City of Delano. However, Delano does not have a Fire Department and therefore is not considered in the compensation study for this MOU. 4 in California” means, “A firefighter working for a public agency in good standing on a continuous basis until hired by Tulare Fire Department.” “Continuous” means not a single day’s break in working for a public agency unless that break in service is due to the transfer from one agency to another in which case a firefighter must 1) have had a written offer(s) in hand before the break in service began and 2) the total transfer time for each transfer did not exceed thirty (30) days. If there was a break in service as a firefighter, the firefighter will receive credit for the most recent continuous period of active service. In no case will previous employment that was terminated due to discipline or release from probation result in service time credit, and such cases will be deemed a break in service. It is incumbent on the employee, not the City, to establish the continuous service requirement, but the City will make reasonable inquiries on the employee’s behalf if needed.

XII. SEVERABILITY
If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Memorandum or the application of such provision to persons or circumstances other than those as to which is held invalid shall not be affected thereby and both parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement for such invalidated provision.

XIII. RENEGOTIATION
In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other its written request to commence negotiations.

XIV. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT Because the American with Disabilities Act (ADA) requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement may be disregarded in order for the City of Tulare to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

The Tulare City Professional Fire Fighters Association Non-Management Bargaining Group recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare City Professional Fire Fighters Association will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

XV. TERM
5 Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 2025 and shall continue through and including June 30, 2028. The parties agree to reopen the negotiation process on or after January 1, 2028 except as to issues subject to additional discussion as stated herein.

XVI. COMPENSATION AND HOURS
A. Application of Salary Ranges and Rates

1. Promotion
Any employee receiving a promotion shall start at the first step of the salary range of the class to which he/she is promoted and be eligible for merit increases as elsewhere provided, unless his/her present salary is equal to or exceeds the first step of the class to which he/she is promoted. In that event, the employee shall be assigned to the step in the salary range to which he/she is promoted that is the equivalent of approximately a 5 percent and not to be less than 4 percent increase in salary.

B. Standard Work Periods
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

2. Fire Department Shift Personnel
The standard FLSA section 7(k) work period for shift personnel in the Fire Department shall be a 24-day work period based on a 48/96 work schedule which begins with the start of the A shift 48/96 schedule.

C. Exceptions to Standard Work Periods
The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. Computation of Salary

1. Salaries for all authorized city positions are set forth in the City Compensation Plan. Conversion of monthly salaries to hourly rates shall be determined by dividing the monthly salary by 173.333 for non-shift employees and for twenty- four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a 56 hour work week.

2. Employees who are on a regular pay status for 50 percent or more of the two week pay period will receive the FLSA adjustment of 6 hours from the 53 hours to the 56 hours as premium pay.
6 E. Overtime Policy: Definition
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime.

Overtime work for all eligible employees, shall be defined as any time worked beyond forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

Employees who are on a regular pay status for 50 percent or more of the two week pay period will receive the FLSA adjustment of 6 hours from the 53 hours to the 56 hours as premium pay.

F. Overtime Compensation

1. General Provisions
Twenty-four (24) hour duty shift Fire Fighters, Fire Fighters/Paramedics and Fire Engineers shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Personnel will be compensated pursuant to the terms of this MOU “portal to portal” while in the course of their employment and away from their official duty station while assigned to an emergency incident, in support of an emergency incident, or prepositioned for an emergency response. Personnel responding from off-duty to any emergency incident or to cover behind for any person responding to any emergency incident shall be compensated at the rate of time and one-half their hourly rate from time of dispatch to the time they are released or relieved from duty.

G. Working in a Higher Classification or Out of Grade

1. Compensation for Position of Acting Captain or Engineer When shift personnel of the Tulare Fire Department are required to serve in an acting position of Fire Captain or Fire Engineer for more than 8 hours, such ranks shall be compensated for at the rate of $50.00 per shift for the rank of Acting Engineer and $75.00 per shift for the rank of Acting Captain.

Acting pay will be paid to one person per position per shift per station.

Exception to include covering for sick leave, family sick, strike team and 7 any other unforeseen circumstances that the city has generated. Such pay for acting positions shall be included on the employee's paycheck as overtime and paid in accordance with those procedures administered by the Finance Department.

2. Compensation for Apparatus Incentive Pay
Twenty-four (24) hour shift Firefighters, Fire Fighter/Paramedics required to drive or operate a piece of apparatus to an emergency call, shall be compensated in the amount of five dollars ($5.00) per shift. Only one Firefighter Fire Fighter/Paramedic is eligible per twenty-four (24) hour shift.

3. Incorporation of Side Letters
All Side Letters have been incorporated herein and abolished.

H. Overtime Conditions: Local Peril or Disaster
In case of disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures will be determined at that time for such conditions.

I. Deductions
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. Paid Holidays

1. Regular Holidays for Pay Purposes
Effective July 1, 1977, with the exception hereinafter stated, holidays for all officers and employees of the public offices of the City of Tulare shall be as follows:
a. January 1 (New Year's Day)
b. The third Monday in January (effective 1994) (Martin Luther King, Jr.

Birthday)
c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
h. The fourth Thursday in November (Thanksgiving Day)
i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or 8 reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

If any of the foregoing holidays fall on Saturday, the preceding Friday shall be observed as a holiday. If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as a holiday. If any of the foregoing holidays fall on an employee's normal day off, except Saturday or Sunday, they shall be credited to vacation.

K. Regular Holidays for Pay Purposes

1. Fire Shift Personnel
In return for the elimination of the holiday time off Fire shift personnel shall receive thirteen days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time. In lieu of taking off eight (89.6 hours) of the thirteen days granted in holidays, each sworn fire shift personnel shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be put into the employees Annual vacation leave bank.(amended by resolution 05-5244) (SEC. 610)
Holiday pay is reportable only for employees who work in a classification that requires “scheduled staffing without regard to holidays.”

2. Paid Days in Lieu of Holidays at Termination
Sworn or regular employees of the Fire Department leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay. (amended by Resolution 2582)
L. Compensation for Work on Paid Holidays
Non-Shift fire personnel and non-shift probationary employees assigned to work on holidays shall receive compensatory time off or overtime as recommended by the department head subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory time off shall be made by memorandum to the Fire Chief.

M. Compensation During Attendance of A Training Course During Vacation, Holidays, Day Off
9 City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for attendance for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays (SEC. 421)
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training courses held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts (SEC. 412)
Employees directed to attend training courses on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

N. Education and Certification Incentive Program

Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post- secondary educational institution) and/or the California State Fire Marshal’s Office (CSFM). The maximum amount that any employee shall be eligible for is 7.5%.
2% - CSFM Fire Officer Certificate

1.5% - 30 Units of college coursework (20 units in Fire Sci/Paramedic/EMT)

2.5% - 60 Units of college coursework (20 units in Fire Sci/Paramedic/EMT)
5% - Bachelor’s Degree (with 20 units in Fire Sci/Paramedic/EMT)

2. The Rank of Fire Apparatus Engineer shall be eligible for a specialty salary incentive pay of 5% of base pay for the position of Lead Fire Investigator.

Suppression members seeking this incentive pay shall comply with Lexipol 10 Policy 402, 403, and 404. Members shall maintain current status in the Fire Investigation Unit to be eligible for this Incentive pay. Assignment to the Fire Investigation Unit shall be at the discretion of the Fire Chief.

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. The Rank of Fire Engineer shall receive 5% salary Incentive pay for Paramedic Certification. Fire Engineers shall maintain a current State of California Paramedic License and current CCEMSA Certification to be eligible for the incentive pay.

4. The Rank of Firefighter and Firefighter/Paramedic shall be eligible for a 2% salary Incentive pay for Driver Operator 1A/B.

5. Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division Effective July 1, 2009, tuition reimbursement will be capped at a maximum of two thousand five hundred dollars ($2,500.00) dollars per fiscal year per employee. This amount may be used to attend CSFT State Fire, EMS, and other Trainingapproved courses included in the job description for unit members.

Employees may use this money to attend Firehouse World and the Fresno Training Symposium, California Fire, EMS and Disaster Conference, California Conference of Arson, Investigators, National Registry Emergency Medical Technician/Paramedic Refresher courses. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section.

This reimbursement is not available to City employees who are total temporary disabled and unable to perform any work unless a doctor’s note is provided allowing the city employee to attend courses.

The City agrees that is will be responsible for the cost of EMS recertification; all training shall be done on the employees own time.

6. Paramedic incentive pay and holiday pay shall be reported to CalPERS in accordance with Cal. Code Regs. tit. 2 § 571 et seq.
11 O. Sick Leave Compensation

1. Upon Retirement
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days (672 hours). Any balance not cashed out under either option shall be reported to PERS in equivalent days toward service credit.

P. Compensation for Fractions of Hours Worked
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes no payment

7.5 - 22.5 minutes .25 hour

22.5 - 37.5 minutes .50 hour

37.5 - 52.5 minutes .75 hour

52.5 - 60.0 minutes 1.00 hour
Q. Retirement Compensation
All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts. (amended by Resolution 3740) The city of Tulare has contracted with PERS for optional benefits.

The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991

8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975
12 8.6 Military Service Credit 76 06-30-1997 no no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 no no

8.48 4th level 1959 survivor benefit 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 no no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

1. Employee Share to Public Employee Retirement System
a. Classic bargaining unit employees pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS). PEPRA bargaining unit employees (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Union began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS Survivor Benefit
a. Non-Management Fire Personnel
The City of Tulare shall maintain the PERS Survivor benefit at level IV. b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

R. Bilingual Pay
Sworn public safety personnel, up through and including the rank of Fire Battalion Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Director insuring that the said employee is competent and proficient in the language certified. A re- certification shall occur every 3 years. An employee not passing the re-certification shall not continue to receive the incentive bonus.

S. Deferred Compensation
13 All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

1. Effective the first full pay period of July 2026, the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account with a required match. City will provide the contribution to an established Deferred Compensation provider to each employee as determined by the City upon 1) Completion of probation and 2) All enrollment forms completed by the employee. If an employee opts out of this benefit, or fails to complete the enrollment forms, the City will not be obligated to provide this benefit.

T. Uniform Allowance

1. Regular Employees of the Fire Department
Regular Sworn Fire personnel required to wear uniforms in the performance of their duties shall receive a uniform allowance of $1,300 per year. New employees of the Fire Department shall receive, upon initial employment, two pairs of pants, two shirts, one work jacket. One full Class-A uniform will be provided after completion of probation. Any new or reappointed employee whose appointment begins prior to January 1 of any year shall be granted the allotment for uniform maintenance. If appointed or reappointed after January 1, he/she shall be granted uniform allowance the following year.

2. Additional Uniforms and Uniform Allowance Procedures Any additional uniforms needed shall be supplied at the employee's expense. The City Manager shall establish such regulations and procedures needed for the administration of the uniform allowance procedure.

U. Minimum Staffing

1. Minimum staffing is necessary for the efficient operations of the City of Tulare Fire Department. The safety of citizens and suppression personnel is paramount, and its necessity dictates this portion of the policy. The City recognizes that all fire suppression resources will be staffed with a Fire Manager and each shift will be supervised by a Battalion Chief.

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Thirteen (13) suppression personnel (based on 4 companies) i. Six (6) personnel at Station #61
14 ii. Three (3) personnel at Station #62
iii. Three (3) personnel at Station #63
iv. One (1) Battalion Chief
b. The minimum staffing must include (based on 4 companies) i. One (1) Battalion Chief
ii. Four (4) Fire Captains
iii. Four (4) Fire Engineers
iv. Eight (8) CCEMSA Licensed Paramedics (two of each of four companies)
v. Acting positions may be used to satisfy this requirement. Of the four (4) Captain positions in daily staffing, two (2) must be filled with full-time company officers. All personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
iii. One (1) Firefighter
d. T-65 Station #61 must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
iii. One (1) Firefigher
e. Staffing of personnel above the 13 person minimum manning pattern will be at the sole discretion of the Fire Chief and he/she should closely follow NFPA 1710 recommendation on apparatus staffing. At no time will staffing of a "first-out" apparatus be less than one (1) Captain, one (1) Engineer, and one (1) Firefighter.
f. When the staffing of a “first-out” apparatus does not include a Firefighter/Paramedic and the Engineer/Paramedic is required to perform the role of primary paramedic for longer than 10 hours, the Engineer/Paramedic will be compensated $75 for that 24-hour shift. g. The minimum staffing changes that were agreed upon in side-letter signed 11/1/2025 shall automatically expire on March 2, 2028, and the Minimum Staff language shall revert to the previously adopted MOU language, unless otherwise agreed upon by the City and TPFA.

XVII. ANNUAL VACATION LEAVE
A. Purpose of Annual Vacation Leave
15 The purpose of an annual vacation is to allow an employee time to both mentally and physically refresh himself/herself in order that he/she be better able to carry out the duties of his/her position. To achieve this goal, it is the intention of the city to have the employee schedule a vacation for periods of at least one week.

B. Eligibility for Annual Vacation Leave

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees, upon the completion of six months of continuous service, shall be eligible for vacation leave. The amount of time available for an employee's vacation shall be accumulated through the month immediately preceding the month in which the employee's vacation falls.

C. Accrual of Annual Vacation Leave
Vacation leave shall be accrued and credited bi-weekly by all eligible employees who are on pay status for 50 per cent or more of that pay period. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

1. Annual Vacation Leave Accrual for Non-Management Fire Shift Personnel
All employees with less than five complete years of service shall earn leave at the rate of 136 working hours per year. Upon the completion of six continuous years of service, the employee shall earn 147.2 working hours of vacation per year; in the same manner, 158.4 hours shall be earned for the seventh year; 170 for the eighth year; 181 for the ninth year; 192 for the tenth year; 214 for the fifteen year; for a maximum of 214 hours per year thereafter. (amended by Resolution 3228)
D. Accumulation of Annual Vacation Leave

1. Regular, Regular Part Time and Temporary Employees
Employees may carry over a maximum accumulation of one year's annual vacation leave and one year’s annual fire holiday leave, for a maximum credit of two years annual leave. If vacation is denied due to a city related emergency, such vacation and holiday leave may be carried over into the following year, if necessary.

New firefighters, firefighter/paramedics hired on or after July 1, 2005 may carry over a maximum accumulation of six months annual vacation leave and six months of fire holiday, for a maximum credit of one and a half years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary. (added by resolution 05-5244)
E. Scheduling of Vacation Leave
16 An employee's vacation shall be, as much as possible, scheduled for the employee's convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency.

1. Fire Department Scheduling
For definition purposes suppression personnel shall include the following ranks in the Fire department: Battalion Chief; Engineer, and Firefighter/Paramedic

2. Unless otherwise modified by the Fire Chief, personnel shall make their first vacation selections according to the following time lines:

Captains - by December 1
Engineers - by December 5
Firefighter/Paramedic - by December 10

3. Unless otherwise modified by the Fire Chief, personnel shall make their second vacation selections according to the following time lines:

Captains - by December 18
Engineers - by December 23
Firefighter/Paramedic - by December 31
Personnel not scheduling vacations within the stated time-lines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before re-consideration.

Two suppression personnel shall be allowed to be on vacation at any one time.

Following the initial vacation requesting period, all vacation requests not already approved 14 days or less prior to a special event may be blocked to aid in the scheduling of the coverage for that special event.

After the initial vacation picks have been completed - Unscheduled vacation submitted less than 8 days prior to the requested days may result in forced overtime. (For the 48/96 schedule the first twenty-four hours will be considered as the first shift and the second 24 hours will be considered the second shift) Employees will be allowed, upon the approval of their Battalion Chief, up to three (3) hours of unscheduled vacation leave during their shift. After three (3) hours, any additional time will be taken as Family Medical Leave. (added by resolution 05-5244) F. Working During Annual Vacation Leave
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

G. Holidays Within Vacation Leave
17 When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

H. Illness Within Vacation Leave
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

I. Payment of Annual Leave Upon Termination
Employees who terminate employment shall be paid for any accrued vacation.

Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

J. Effect of Extended Military Leave
An employee who interrupts his/her service to the city because of an extended military commitment, shall be compensated for accrued vacation leave upon returning from service to the city.

XVIII. SICK LEAVE
A. Statement of Policy
Sick leave shall not be considered as a privilege which an employee may use at his/her own discretion, but shall be granted only upon the recommendation of the department head. Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six days (6) per year (69.2 hours per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized. The immediate family shall be the spouse, parent, child, step child, brother, sister or other close family member as approved by the Human Resources Director. (amended by Resolution 3740)
B. Eligibility for Sick Leave

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees upon completion of six months continuous service, shall be eligible for sick leave with pay.

2. Seasonal Part Time Personnel
Seasonal part time personnel shall not be eligible for sick leave with pay.

C. Accrual of Sick Leave

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly at the rate of 12.0 hours by all eligible employees who are on a pay status for 50 per cent or more of that month. Those employees eligible for sick leave, as defined in XVII (B), 18 shall accrue sick leave at a rate proportionately equal to that of regular employees.

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel Sick leave shall be accrued and credited monthly by all eligible employees who are on a pay status for 50 percent or more of that month. Those employees eligible for sick leave, as defined in XVII, shall accrue sick leave at the rate of eight (8) hours per month.

D. Accumulation of Sick Leave

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

E. Holidays Within Sick Leave
When a recognized city holiday falls within an employee's bonafide use of sick leave for which he/she normally would have been excused from work, that day shall not be charged as a day of sick leave.

F. Usage of Sick Leave
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. (amended by Resolution 2843)
G. Deduction of Sick Leave
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. Verification of Sick Leave Usage
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

2. The city may formally place an employee on "sick leave restriction" whereupon, for a period of time, the employee may subsequently be required to provide the city a physician's certification of illness for each incidence of sick leave usage, regardless of the amount of time off work.

In determining whether or not to place an employee on "sick leave restriction", the city agrees to consider not only gross usage and so-called "patterns of usage", but also extended illness, major medical problems and incidents of family sick leave.

I. Sick Leave Compensation Upon Termination
19 There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

J. Sick Leave Compensation Upon Retirement
An employee having a minimum of ten years of regular service allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay.

Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

K. Workers’ Compensation

1. Fire Department Personnel
a. An employee of the Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.
b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091)
c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
20 d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay.
e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Police or Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury.
g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7.

Details of the program shall be subject to further ratification between the Group and the City.

L. Depletion of Sick Leave, Compensatory Time and Vacation Benefits Upon depletion of accumulated sick leave, compensatory time and vacation for any injury or illness and upon the recommendation of the employee's department head, an employee may be placed on medical leave of absence without pay for a period not to exceed sixty (60) days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which shall be subject to approval of the City Manager. If further leave is granted, the employee must notify the city of his/her intent to return to work every thirty (30) days. If further leave is not granted, the employee's service with the city shall be considered terminated.

M. Employee Rehabilitation
The city shall provide a rehabilitation program for industrially injured employees, pursuant to Section 139.5 of the California Labor Code. Employees unable to return to their previous position shall be interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedures applies for eighteen (18) months. The employee's name shall be placed on a mailing list for the period designated above.

XIX. OTHER LEAVES OF ABSENCE
A. Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege. Employees on authorized leave of absence without pay may 21 not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.

1. Approval of Department Head
Leave of absence without pay for one week or less may be granted by the department head, depending on the merits of the individual case. Such leaves shall be reported to the Personnel Officer.

2. Approval of City Manager
Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merits of the case, but such leave shall not exceed twelve months' duration.

C. Leave of Absence: Death Outside the Immediate Family Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with XIX (A).

D. Maternity
Leave of absence for maternity will be covered under the provisions authorized in XVII (A) and (G). An employee may work until she has been advised by her doctor to cease working. The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29,United States Labor Code).

E. Employee’s Time Off to Vote
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

F. Jury Duty: Leave of Absence
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the city all fees received for such duties, other than mileage or subsistence allowance, within thirty (30) days from the termination of his/her jury service.

G. Subpoenas: Leave of Absence
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released.

The employee shall remit all fees received for such appearances to the city within 22 thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. Leave for Attendance at Industrial Accident Commission Hearing or Related Physical Examinations
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed eight (8) days in advance with the department head.

I. Bereavement Leave
The city shall allow an employee to be absent from work with pay for a maximum of three (3) days (33.6 hours for twenty-four hour shift personnel, 14.4 sick leave hours will be granted to complete the hours to 48 hours) for a death which occurs within the State of California. If the death occurs outside the State of California and an employee must travel outside the state, a maximum of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed. Bereavement leave is allowable in the case of death of an immediate family member which for bereavement only shall be defined as a father, mother, sister, brother, husband, wife, domestic partner, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom you reside.

Employees may be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take additional sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave i.e. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

The leave does not need to be taken consecutively. The employee must complete the bereavement leave within three months of the family members’ date of death.

Three of the five days are paid except for out of State in which case all 5 days are paid. However, you may use accrued paid sick leave or vacation, personal leave, or other accrued leave balances. Even if you do not have paid leave, you still have the right to the time off.

J. Educational Leave
23 Employees may receive paid leave to attend courses, seminars, workshops or conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XX. TERMINATION: LACK OF WORK OR FUNDS

1. An employee may be terminated by the City Manager because of changes in duties or organization, abolishment of position, shortage of work or funds or completion of work. In cases involving regular employees only, notice of such termination will be given to the employee at least thirty (30) days prior to the effective date of termination. Such termination shall not be subject to appeal.

2. In any such reduction in personnel caused by lack of work or funds, seniority shall be observed. The order of layoff shall be in the reverse order of total cumulative time the employee has served in his/her current job classification upon the effective date of the layoff. For the purpose of determining order of layoff, total cumulative time shall include the employee's time served in probationary and regular status and time served on military leave of absence while assigned to his/her current job classification.

3. Employees subject to layoff who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, provided that the displacing employee is fully qualified and capable of performing the work in the lower classification at the rate of pay for the lower classification.

4. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

5. An employee terminated for lack of work or lack of funds shall exist interviewed for an available position, if said employee submits a timely application and meets the minimum qualifications for such position. The above procedure applies for eighteen months. The employee's name shall be placed on a mailing list for the period designated above.

XXI. DISCIPLINARY PROCEEDINGS
A. Disciplinary Action: Definition
As used in this Article "disciplinary action" shall mean discharge, demotion, reduction in salary, reprimand, disciplinary probation, or suspension.

B. Causes for Disciplinary Action
Causes for disciplinary action against any employee may include, but not be limited to, the following:
24 1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere.

18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations. (amended by Resolution 3856)
C. Persons By Whom Disciplinary Action May Be Taken
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

D. Procedures Preceding Imposition of Disciplinary Action Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.
25 3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

E. Imposition of Disciplinary Action
Upon expiration of the period allowed for employee response and after having given consideration to any response filed by the affected employee, the City Manager or department head may impose appropriate disciplinary action.

F. Extraordinary Circumstances
In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date of the disciplinary action. In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.

G. Right of Appeal
A regular employee shall have the right who is subject to disciplinary action under this section or who is subject to punitive action pursuant to Government Code section 3254(b) shall have the right to an administrative appeal conducted in accordance with the requirements of California Government Code sections 11500 et seq. Such appeal must be filed with the City Manager within ten (10) working days after receipt of the written notice of such disciplinary action pursuant to this section or upon notice of a punitive action pursuant to Government Code section 3254(b). The appeal must be in writing and must state specifically the reasons upon which it is based.

H. Right of Appeal: Hearing
Upon receipt of a written appeal from an affected employee, Such hearing shall be conducted in accordance with the provisions of SEC. 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in SEC. 19580 of said Government Code and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a rebuttable presumption that the statement of causes is true. 26 I. Right of Appeal: Representation
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

J. Right of Appeal: Failure of Employee to Appear
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his/her appeal and the action of the City Manager or department head shall be final.

K. Effect of Disciplinary Actions

1. Oral Reprimand
Employees may receive an oral reprimand.

2. Written Reprimand
Employees receiving a written reprimand shall have a copy filed in his/her personnel jacket kept in the Personnel Office. The employee shall initial a copy of the reprimand prior to its filing, indicating that he/she has read the reprimand. The employee shall have the right to enclose a written response to the reprimand in his/her personnel jacket.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

6. Discharge
Employees terminated pursuant to XIX of these rules and regulations shall be paid salary for vacation and worked holidays accumulated to the effective date of termination, subjection to XVII, if applicable.

L. Releasing of Information Relative to Disciplinary Action Against Municipal Employees
In the interest of preventing undue embarrassment and subsequent loss of ability to perform city work effectively, the following policy will prevail regarding release of information to the news media on personnel actions:
27 1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees."
M. Informal Counseling with the City Manager
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

N. Non-Applicability
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

XXII. MISCELLANEOUS
A. Reports of Chang of Status
All actions involving employment and change in status of employment shall be reported by the department head to the City Manager on City of Tulare Personnel Action Forms. Copies of such reports shall be furnished to the employee involved.

B. Damage Claims
Any employee of the City of Tulare filing suit for damages arising from occupational injury shall notify the Finance Director of the amount of damages collected from such suits in order that all expenses paid by the city may be recovered.

C. Gratuities
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

D. Outside Employment
Any regular employee desiring to engage in regular outside employment shall first obtain non-city conflict job approval for his/her department head. The employee 28 shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. Compensation for Use of Private Automobile in City Business Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629)
F. Conflict of Interest
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

G. Damaged Equipment Review Committee
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determining rates of payment for claims for clothing damaged in the line of duty. No more than one set of glasses may be considered in any two year period. The Board shall be composed of a representatives from the Personnel Office, Fire Department administrative staff and the Association. (amended by Resolution 3145)
H. Personnel Files
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (added by Resolution 2765)
I. Position Reclassification

1. Position Reclassification
An employee who believes his/her position is wrongly classified may submit a written request to his/her supervisor for reclassification. Requests shall state the reason the employee believes the present class is not appropriate and which class the employee believes is appropriate, based on the employee's present duties. Requests must be made to the Personnel 29 Department in January or February so that changes may be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Personnel Officer conduct a classification analysis. When the classification analysis is completed, a written response will be sent to the employee and the department head. The city shall endeavor to complete the analysis as soon as practicable.

3. Appeals
If the employee disagrees with the response of the Personnel Officer, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Personnel Officer's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final. (amended by Resolution 3887) J. Employee Assistance Program Policy
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee. Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001) K. Flexible Benefits Program
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost. Participation in the flexible benefits program is available to management, confidential, miscellaneous, police and fire personnel. (added by Resolution 3629)
L. Vehicle Use Policy

1. The City Manager shall determine the allocation of usage of city-owned vehicles in accordance with the business needs of the city. All city-owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by contractual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. If a Fire Department “pool” vehicle is available it shall 30 be made available to sworn members of the fire department for travel to and from educational and training courses. (added by Resolution 3408)

2. Division Chiefs, Fire Investigator, and Training Captain shall be provided a vehicle in accordance with city policy.

M. Wellness Program

1. The city will provide at no cost to the employee an annual physical in accordance with NFPA 1582, 29 CFR 1910.134, and 29 CFR, 1910.120 (f), as required for anyone who may be exposed to a hazardous substances.

2. The city agrees that PT for the fire department shall occur at a mutually agreed upon facility. The city shall pay up to $35.00 per month per sworn fire personnel for use of the facility. Any increase in fees beyond the $35.00 shall be subject to the meet and confer process.

N. Station Assignment Policy
It is the policy of the City of Tulare Fire Department to uniformly administer the station assignments and transfer of personnel in a manner that fulfills the needs of the department and considers the desires of the individuals who are affected.

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process

2. Between November 1 and November 15 of odd numbered years, Firefighters/Paramedics and Engineers can select their shift and station based on seniority. The reverse order of Fire Captains bidding first will be a trial bid for one bid cycle. Fire Management Bargaining Unit reserves the right after one bid cycle (2024- 2026) to return the bid order to Firefighter/Paramedics and Engineers bidding first.

Reappointment shall be handled in accordance with the City of Tulare Rules and Regulations SEC. 309.

If a tie exits after applying these criteria, seniority shall be determined by the employee’s age, with the oldest employee considered senior based on official birth records.

Seniority in current rank shall be the predominant factor in determining station and shift assignment.

4. When possible, each shift must have at a minimum of one qualified acting engineer and acting captain. All engineer or acting engineer positions 31 assigned to T-65 and if out of service, next available apparatus available out of Fire Station 61 must be paramedic qualified until funds become available to fully staff this unit at the City’s discretion.

5. If the station bid delivered to the Fire chief at the conclusion of the process set out above in odd years does not meet the requirements listed above the fire chief has the discretion to assign all TPFA Non-Management personnel in order to meet the department’s needs. Ranks that have met the above requirements will not be moved.

6. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

7. When station or shift assignments become vacant due to promotion, retirement, or other reasons which create an absence.
a. The Fire Chief shall solicit volunteers in the order of seniority in rank to fill the vacancy. In the event there are no volunteers, the vacancy shall be filled by assigning the least senior employee in the rank to the vacant position.

8. ADMINISTRATION DISCRETION: The Fire Chief shall have the discretion to reassign or transfer one or more employees due to unsatisfactory performance, disciplinary actions, lack of acting personnel, employee injury, documented personnel issue, employee conflict issue or to address a training deficit.

O. Sick Leave Donation Bank
The City agrees that it will create an Administrative Leave Bank Donation Policy that will specifically allow for donations of time to be given to a specified employee.

P. Recruitment and Testing Procedures

1. A committee consisting of two Tulare City Professional Fire Fighters Association non-management members, one Tulare City Professional Fire Fighters Association management member, on Battalion Chief, and four members of the administration shall meet and consult on testing procedures for positions that are covered by this bargaining unit.

2. The City agrees to add points to an employee’s final score for internal candidates on open recruitments:
a) One point shall be added to the final score of employees that have less than five years of service. Service time shall be determined on the date that the application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list. 32 b) Two points shall be added to the final score of employees that have five to ten years of service. Service time shall be determined on the date that the application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list. c) Three points shall be added to the final score of employees that have ten or more years of service. Service time shall be determined on the date that the application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list. d) The city agrees that on the recruitment flyer it will list the reference source for the testing material and the components of the process i.e. testing, assessment and orla interview.
e) The city agrees that on recruitments represented under this unit shall be announced concurrently to the inside and outside for candidates.

XXIII.INSURANCE
A. Health, Dental, and Vision

1. For non-management public safety employees with employee only coverage the employee shall contribute $25 per month towards health care, for those employees enrolled for dependent insurance coverage for a two tier system, the city shall contribute sixty-five percent (65%) of the dependent portion of the premium toward the employee health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) toward the cost of dependent insurance coverage. If the city is able to implement a three tier rate structure the employee shall contribute $25 per month, for the employee plus one tier the city shall contribute sixty percent (60%) and the employee shall contribute forty percent (40%), for employee with more than one dependent the city shall contribute sixty nine percent (69%) and the employee shall contribute thirty one percent (31%).

2. For non-management public safety employees not enrolled for dependent insurance coverage, the employee shall pay $25 per month and the city shall pay the rest of the employee health, dental, vision and life insurance cost of the base plan.

3. Employees hired after June 23, 1984, upon retirement, shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage). Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare. Effective August 1, 2006, management employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374)
33 If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation.

The City Manager will make a decision based on the information provided and present it to the City Council for implementation. The City and employees agree to pay any increased costs in the same proportion as the current contribution.

The City agrees that in fiscal year 2011/12 employees represented by this unit are eligible to enroll in the section 125 medical benefit and the city will contribute $500. Those employees not enrolling in the program prior to July 1 shall not be eligible for the benefit. In the 2012/13 fiscal year if the city extends this benefit to any other unit than this unit will automatically receive the benefit.

B. Insurance - Life

1. Life insurance for non-management employees shall be provided as specified in the employee health insurance policy.

2. Life insurance for non-management sworn fire personnel shall be twenty five thousand dollars ($25,000).

C. Insurance - Disability
The City agrees to payroll deduct from the employee’s check the monthly premium for California Association of Professional Firefighters disability plan. The City also agrees to payroll deduct from the employee’s check the monthly dues for membership in the International Association of Firefighters. The City shall pay the premium and dues amount to the vendor directly.
34 MEMORANDUM OF UNDERSTANDING
July 1, 2025 through June 30, 2028

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND

THE TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION NON-MANAGEMENT BARGAINING
GROUP

SIGNATURE PAGE
Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
City Manager TPFA Representative
Janie Venegas / Date / Date
Human Resources Director TPFA Representative

RECOMMENDED ACTION
Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Management Group for the term of July 1, 2025 through June 30, 2028; amending the City’s Fiscal Year 2026 Salary Schedule; and authorizing the City Manager, or designee, to update the Salary Schedule accordingly.

SUMMARY
This bargaining group consists of the Fire Captain position.

Key provisions of this MOU include:
• Term:
o A three-year term of July 1, 2025 through June 30, 2028. o The option for a total compensation reopener on or after January 1, 2027. • Base Compensation:
o A 4% compensation increase effective first full pay period in July 2025. o A 4% compensation increase effective first full pay period in July 2026. o A 4% compensation increase effective first full pay period in July 2027. • Service Pay (cumulative)
o 1.5% at 5 years of experience – Effective first full pay period in July 2025. o 2% at 10 years of experience – Effective first fully pay period in July 2025. o 2.5% at 15 years of experience – Effective first fully pay period in July 2026. o 3% at 20 years of experience – Effective first fully pay period in July 2027. • Certification Incentive Pay:
o Set a maximum of 7.5%.
• Deferred Compensation:
o Creation of an optional deferred compensation matching program where the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account.
• Uniform Allowance:
o Increase in uniform allowance from $900 to $1,300 per year. • Minimum Staffing
o Increase from 12 to 13.
• Sick Leave Accrual
o Increase from 11.2 hours to 12.0 hours per month.
• Miscellaneous:
o Testing and Recruitment procedures section added that establishes committee to meet and consult on testing procedures for positions that are covered by this bargaining group. o An agreement for continued conversations regarding the methodology for comparing compensations between benchmark cities, staffing policy, staffing planning for a future fire station 64, operations such as tour of duty duration, sick leave as days worked, etc., and items related to the FLSA 7(d) exemption.

Item #: 8.5
Consent
o Refinements for readability and clarity, CalPERS regulations, and applicable laws.

FISCAL IMPACT & FUNDING SOURCES
Funding for this MOU was included in the Fiscal Year 2026 general fund budget and will be accounted for in subsequent years as part of the budget development process.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This MOU has been reviewed by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. MOU
Reviewed/Approved:

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF TULARE AND THE TULARE CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION MANAGEMENT GROUP FOR THE TERM OF JULY 1, 2025 THROUGH JUNE 30, 2028; AMENDING THE CITY’S FISCAL YEAR 2026 SALARY SCHEDULE;

AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO UPDATE THE SALARY

SCHEDULE ACCORDINGLY
WHEREAS, on November 21, 2023, the City Council approved a Memorandum of Understanding (MOU) between the City of Tulare and Tulare City Professional Fire Fighters Association Management Group for a term from July 1, 2023 through June 30, 2025; and WHEREAS, parties of the Tulare City Professional Fire Fighters Association Management Group and City of Tulare staff met and bargained in good faith and have mutually agreed upon an MOU to cover the period from July 1, 2025 through June 30, 2028;
WHEREAS, the City Council is familiar with the terms and provisions of said MOU; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, Section 36506 of the California Government Code requires that the City Council shall, by Resolution or Ordinance, fix the compensation for all appointive offices and employees; and WHEREAS, pursuant to Section 570.5 of Title 2 of the California Code of Regulation, payrates shall be duly approved and adopted by the City Council in accordance with requirements of public meeting laws and be publicly available in a salary schedule which identified the position title for every employee position; the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range; and indicates the time base, including but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; and WHEREAS, the California Public Employees’ Retirement System (CalPERS), requires all CalPERS contracted employers to list their compensation levels in one document, approved and adopted by the governing body, in accordance with Title 2, California Code of Regulations Section 570.5 and meeting all the requirements thereof; and
WHEREAS, on June 17, 2025, the City Council adopted Resolution 2025-36 adopting the Fiscal Year 2026 Position Control Budget (PCB) and Salary Schedule; and WHEREAS, it is necessary to amend the adopted PCB and Salary Schedule from time to time, as determined by the City Manager, to provide for additional positions and/or changes in salary ranges, which are brought forth to the City Council for approval; and WHEREAS, the approved MOU includes a four percent (4%) base compensation increase for the Fire Captain classifications, retroactive to July 12, 2025; and WHEREAS, the City Council desires to authorize the City Manager, or designee, to update the City’s Fiscal Year 2026 Salary Schedule to incorporate the approved adjustments.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The above recitals are true and correct.

Resolution 2026-XXX

Page 2 ends

Section 2. The City Council hereby approves the MOU, attached hereto as Exhibit A, and incorporated herein by reference.

Section 3. Section 3. The City Council hereby approves a four percent (4%) base compensation increase for the Fire Captain classification, retroactive to July 12, 2025.

Section 4. Resolution 2025-36 is hereby amended to incorporate the salary schedule updates approved herein.

Section 5. The City Manager, or designee, is hereby authorized to update the Fiscal Year 2026 Salary Schedule to reflect the adjustments outlined above.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of April 2026, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

CLASSIFICATION Code A B C D E Group
Fire Captain 4010 Monthly $ 8,387.88 $ 8,807.26 $ 9,247.61 $ 9,709.99 $ 10,195.52 fire mgmt Hourly $ 48.39 $ 50.81 $ 53.35 $ 56.02 $ 58.82

CITY OF TULARE

MASTER SALARY SCHEDULE
April 7, 2026 (Retro to Effective to July 12, 2025)
1 MEMORANDUM
OF

UNDERSTANDING
Between the City of Tulare and
Tulare City Professional Fire
Fighters Association Management
Bargaining Group
Effective Date: July 1, 2025 through June 30, 2028
Approved by Council: April 7, 2026
i

MEMORANDUM OF UNDERSTANDING
July 1, 2025 through June 30, 2028

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP
Table of Contents
I. RECOGNITION ................................................................................................................. 1 II. PURPOSE ........................................................................................................................... 1 III. NON-DISCRIMINATION ................................................................................................. 1 IV. MAINTENANCE OF BENEFITS ..................................................................................... 1 V. CITY AUTHORITY ........................................................................................................... 2 VI. EMPLOYEE RIGHT TO REPRESENTATION ................................................................ 2 VII. AVAILABILITY OF RULES AND REGULATIONS ...................................................... 2 VIII. WORK ACCESS AND EMPLOYEE INFORMATION ................................................... 2 IX. NOTICE OF CHANGE OF WORK RULES ..................................................................... 3 X. SALARY............................................................................................................................. 3 XI. SERVICE PAY ................................................................................................................... 3 XII. SEVERABILITY ................................................................................................................ 4 XIII. RENEGOTIATION ............................................................................................................ 4 XIV. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT ....................... 4 XV. TERM ................................................................................................................................. 4 XVI. COMPENSATION AND HOURS ..................................................................................... 5 A. Application of Salary Ranges and Rates ............................................................................. 5

1. Promotion ...................................................................................................................... 5

2. Differential .................................................................................................................... 5 B. Standard Work Periods ....................................................................................................... 5

1. Fire Department Non-Shift personnel or staff positions ............................................... 5

1. General Provisions ........................................................................................................ 6 G. Working in a Higher Classification or Out of Grade .......................................................... 7 H. Overtime Conditions: Local Peril or Disaster ..................................................................... 7 I. Deductions .......................................................................................................................... 7 J. Paid Holidays ...................................................................................................................... 7

1. Fire Shift Personnel....................................................................................................... 8

2. Paid Days in Lieu of Holidays at Termination ............................................................. 8 L. Compensation for Work on Paid Holidays ......................................................................... 8 ii
M. Compensation During Attendance of a Training Course During Vacation, Holidays, Day Off ....................................................................................................................................... 9

1. Holidays ........................................................................................................................ 9

2. Vacations....................................................................................................................... 9

3. Days Off or Off Duty Shifts.......................................................................................... 9 N. Management Leave ............................................................................................................. 9 O. Education and Certification Incentive Program .................................................................. 9 P. Sick Leave Compensation................................................................................................. 11

1. Upon Retirement ......................................................................................................... 11 Q. Compensation for Fractions of Hours Worked ................................................................. 11 R. Retirement Compensation ................................................................................................. 11

1. Employee Share to Public Employee Retirement System .......................................... 12

2. PERS Survivor Benefit ............................................................................................... 12 S. Bilingual Pay ..................................................................................................................... 12 T. Deferred Compensation .................................................................................................... 13 U. Uniform Allowance .......................................................................................................... 13

1. Regular Employees of the Fire Department................................................................ 13

2. Additional Uniforms and Uniform Allowance Procedures ........................................ 13 V. Minimum Staffing ............................................................................................................ 13 XVII. ANNUAL VACATION LEAVE ...................................................................................... 14 A. Purpose of Annual Vacation Leave .................................................................................. 14 B. Eligibility for Annual Vacation Leave .............................................................................. 15

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel .................... 15 D. Accumulation of Annual Vacation Leave ......................................................................... 15

1. Fire Management ........................................................................................................ 15 E. Scheduling of Vacation Leave .......................................................................................... 15

1. Fire Department Scheduling ....................................................................................... 15 F. Working During Annual Vacation Leave ......................................................................... 16 G. Holidays Within Vacation Leave ...................................................................................... 16 H. Illness Within Vacation Leave .......................................................................................... 16 I. Payment of Annual Leave Upon Termination .................................................................. 17 J. Effect of Extended Military Leave ................................................................................... 17 XVIII. SICK LEAVE ................................................................................................................... 17 A. Statement of Policy ........................................................................................................... 17 B. Eligibility for Sick Leave .................................................................................................. 17

1. Regular, Regular Part Time, Probationary and Temporary Employees ..................... 17

1. Sick Leave Accrual for Twenty-Four (24) Hour Shift Personnel ............................... 17

2. Sick Leave Accrual for Non-Twenty-Four (24) Hour Shift Personnel ....................... 17 D. Accumulation of Sick Leave ............................................................................................. 18

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel ................ 18 E. Holidays Within Sick Leave ............................................................................................. 18 F. Usage of Sick Leave ......................................................................................................... 18 iii
G. Deductions of Sick Leave ................................................................................................. 18 H. Verification of Sick Leave Usage ..................................................................................... 18 I. Sick Leave Compensation Upon Termination .................................................................. 18 J. Sick Leave Compensation Upon Retirement .................................................................... 18 K. Workers’ Compensation ................................................................................................... 19

1. Approval of Department Head .................................................................................... 20

2. Approval of City Manager .......................................................................................... 20 B. Absence Without Leave .................................................................................................... 20 C. Leave of Absence: Death Outside the Immediate Family ................................................ 21 D. Maternity ........................................................................................................................... 21 E. Employee’s Time Off to Vote ........................................................................................... 21 F. Jury Duty: Leave of Absence ............................................................................................ 21 G. Subpoenas: Leave of Absence .......................................................................................... 21 H. Leave for Attending An Industrial Accident Commission Hearing or Related Physical Examinations..................................................................................................................... 21 I. Bereavement Leave ........................................................................................................... 21 J. Educational Leave ............................................................................................................. 22 XX. TERMINATION: LACK OF WORK OR FUNDS .......................................................... 22 XXI. DISCIPLINARY PROCEEDINGS .................................................................................. 23 A. Disciplinary Action: Definition ........................................................................................ 23 B. Causes for Disciplinary Actions ....................................................................................... 23 C. Persons By Whom Disciplinary Action May Be Taken ................................................... 24 D. Procedure Preceding Imposition of Disciplinary Action .................................................. 24 E. Imposition of Disciplinary Action .................................................................................... 24 F. Extraordinary Circumstances ............................................................................................ 24 G. Right of Appeal ................................................................................................................. 25 H. Right of Appeal: Hearing .................................................................................................. 25 I. Right of Appeal: Representation ....................................................................................... 25 J. Right of Appeal: Failure of Employee to Appear ............................................................. 25 K. Effect of Disciplinary Actions .......................................................................................... 25

1. Oral Reprimand ........................................................................................................... 25

2. Written Reprimand...................................................................................................... 25

3. Disciplinary Probation ................................................................................................ 25

4. Suspension .................................................................................................................. 25

5. Salary Reduction ......................................................................................................... 26

6. Discharge .................................................................................................................... 26 L. Releasing of Information Relative to Disciplinary Action Against Municipal Employees .. ..................................................................................................................................... 26 M. Informal Counseling with the City Manager .................................................................... 26 N. Non-Applicability ............................................................................................................. 26 XXII. MISCELLANEOUS ......................................................................................................... 26 iv
A. Reports of Change of Status ............................................................................................. 26 B. Damage Claims ................................................................................................................. 27 C. Gratuities ........................................................................................................................... 27 D. Outside Employment ........................................................................................................ 27 E. Compensation for use of Private Automobile in City Business ....................................... 27 F. Conflict of Interest ............................................................................................................ 27 G. Damaged Equipment Review Committee ......................................................................... 27 H. Personnel Files .................................................................................................................. 27 I. Position Reclassification ................................................................................................... 28

1. Position Reclassification ............................................................................................. 28

2. Classification Analysis................................................................................................ 28

3. Appeals ....................................................................................................................... 28 J. Employee Assistance Program Policy .............................................................................. 28 K. Flexible Benefits Program ................................................................................................ 28 L. Vehicle Use Policy ............................................................................................................ 29 M. Wellness Program ............................................................................................................. 29 N. Station Assignment Policy ................................................................................................ 29 O. Sick Leave Donation Bank ............................................................................................... 30 P. Recruitment and Testing Procedures ................................................................................ 30 XXIII. INSURANCE .................................................................................................................... 31 A. Health, Dental, and Vision ................................................................................................ 31 B. Insurance - Life ................................................................................................................. 32 C. Insurance - Disability ........................................................................................................ 32 1 I. RECOGNITION
The City acknowledges the Tulare City Professional Fire Fighters Association as the recognized employee organization representing the following classifications:
• Fire Captain
II. PURPOSE
It is the purpose of this Memorandum of Understanding, entered into pursuant to the MeyersMilias-Brown Act of the California Government Code, Sections 3500 through 3510, to promote and provide for harmonious relations, cooperation and understanding between the City and the employees covered herein, to provide for an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum and to set forth the understandings of the parties reached as a result of good faith bargaining.

IV. MAINTENANCE OF BENEFITS
The City and the Tulare City Professional Fire Fighters Association Management Group agree to meet and confer on any proposed changes to Title I, Chapter 14, Sections 1-13 of the City Code of Tulare, California and Resolution No 2537, Rules and Regulations for the Administration of the City of Tulare Merit Personnel System which may have a direct impact on employees represented by the Professional Fire Fighters Association within thirty (30) days upon written request of either party throughout the term of this Memorandum of Understanding.

The City of Tulare and the Tulare City Professional Fire Fighters Association Management Group have agreed to meet and discuss the following policies: Harassment/Hostile Work Environment/Discrimination, Substance Abuse, Discipline, Family Care and Medical Leave, and any other policy to address new State mandates.

The City of Tulare and the Tulare City Professional Fire Fighters Association Management Group have also agreed to meet and discuss items related to the staffing policy, staffing planning for a future fire station 64, operations such as the tour of duty duration, sick leave as days worked, etc., and items related to the FLSA 7(k) exemption. The City anticipates engaging a consultant to facilitate some of this effort.
2 Additionally, the City of Tulare and the Tulare City Professional Fire Fighters Association Management Group have agreed to meet and discuss total compensation to include paid time off, life insurance, tuition reimbursement, service pay and pay structures (list is not all inclusive).

VIII. WORK ACCESS AND EMPLOYEE INFORMATION
The Union may have access to work locations for the posting of employee information, investigation of employee grievances, for representation of employees at grievance and disciplinary hearings and during non-work times for discussions with employees of issues and events when approved by the Personnel Officer. A reasonable number of locations for posting employee information shall be made available by the City. Copies of materials to be posted shall be sent to the Personnel Officer.
3 IX. NOTICE OF CHANGE OF WORK RULES
Except in cases of emergency when the City determines that it must act immediately, the City shall give the Union reasonable notice of any ordinance, rule, resolution or regulation affecting the Union or represented employees and directly relating to matters within the scope of representation proposed to be adopted by the City Council.

The 15% minimum difference between Captain and Engineer ranks shall be maintained. The City does not anticipate conducting another total compensation survey prior to the next negotiation round. The following cities will be surveyed for any future agreed upon total compensation comparisons: Hanford, Porterville, Visalia, Dinuba, Fresno, Clovis, and Bakersfield.1 XI. SERVICE PAY
Service Pay can be discussed again as a part of the 2027 total compensation reopener.

Implementing a full Service Pay program is contingent on if the City experiences an increase in reoccurring revenues greater than the cost to implement the Service Pay program.

The Service Pay percentages are stated below.
a) 1.5% at 5 years of experience – Effective the first full pay period in July 2025 b) 2% at 10 years of experience – Effective the first full pay period in July 2025 c) 2.5% at 15 years of experience – Effective the first full pay period in July 2026 d) 3% at 20 years of experience - Effective the first full pay period in July 2027 The tiers of service pay are cumulative to the maximum of nine percent (9.00%).

Tiers are calculated on completed years of service based on years of active service for the City of Tulare Fire Department. Current and new sworn employees will be recognized for active service as a firefighter in California in good standing on continuous (not a single day’s break in working for a public agency) basis until hired by Tulare Fire Department, regardless of agency worked, as long as the firefighter had no break working for a public agency. “Active service as a firefighter in California” means, “A firefighter working for a public agency in good standing on a continuous basis until hired by Tulare Fire Department.” “Continuous” means not a single day’s break in working for a public agency unless that break in service is due to the transfer from one agency to another in which case a firefighter must 1) have had a written offer(s) in hand before the break in service began and 2) the total transfer time for each transfer did not exceed thirty (30) days. If 1 The City of Tulare as a whole compares its salaries with the City of Delano. However, Delano does not have a Fire Department and therefore is not considered in the compensation study for this MOU. 4 there was a break in service as a firefighter, the firefighter will receive credit for the most recent continuous period of active service. In no case will previous employment that was terminated due to discipline or release from probation result in service time credit, and such cases will be deemed a break in service. It is incumbent on the employee, not the City, to establish the continuous service requirement, but the City will make reasonable inquiries on the employee’s behalf if needed.

In addition, if any other bargaining unit receives a cost of living increase during the second year of the contract than the city agrees to reopen the contract to meet and confer on the one item.

The Tulare City Professional Fire Fighters Association recognizes that the City of Tulare has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Tulare City Professional Fire Fighters Association will be notified of these proposed accommodations prior to implementation by the City of Tulare of any accommodation impacting the terms and conditions of employment of employees covered by this MOU.

XV. TERM
Unless specified otherwise herein, the provisions of the Memorandum of Understanding become effective July 1, 2025 and shall continue through and including June 30, 2028. The parties agree 5 to reopen the negotiation process on or after March 1, 2028_ except as to issues subject to additional discussion as stated herein.

XVI. COMPENSATION AND HOURS
A. Application of Salary Ranges and Rates

2. Differential
There shall be a minimum of 15% salary differential between “E Step” base salary of Fire Captain and Fire Engineer, and between Fire Battalion Chief and Fire Captain and between Fire Division Chief and Fire Battalion Chief. It is agreed that any differential pay for performing Paramedic duties shall not be included in the calculation of base salary for the purpose of this provision. The Administrative Battalion Chief and Training Captain working in a forty-hour work week capacity will be compensated seven percent (7%) Non-Shift Differential.

B. Standard Work Periods
The standard work period for city employee shall be as follows:

1. Fire Department Non-Shift personnel or staff positions The standard work period for non-shift or staff positions represented by this bargaining unit shall be forty (40) hours per week.

C. Exceptions to Standard Work Periods

1. The City Manager is hereby authorized to designate other work periods to other employees when, in his opinion, the best interests of the city may be served by such adjustment of standard work periods and hours. The procedure for making adjustments in the standard work period in hours shall be consistent with provisions of Section 3504.5 of the Government Code.

D. Computation of Salary

1. Salaries for all authorized city positions are set forth in the City Compensation Plan.

Conversion of monthly salaries to hourly rates shall be determined by dividing the 6 monthly salary by 173.333 for non-shift employees and for twenty- four (24) hour shift employees the monthly salary shall be divided by 242.666 based on a 56 hour work week.

E. Overtime Policy: Definition
It is the policy of the City of Tulare that overtime work be kept to the minimum consistent with the protection of life, property and the efficient operation of the departments and activities of the city and that overtime work be compensated for with time off where practical. Overtime work shall be authorized only with the prior authorization of the department head or, in emergencies where prior department head authorization cannot be issued, first line supervisors may approve overtime. Overtime work for all eligible employees shall be defined as any time worked beyond forty (40) hours in a standard work week for non-shift personnel, and any time worked in excess of the standard work period as defined in XVB. The use of vacation and holidays shall be included in the definition of time worked only if scheduled and approved during first and second round picks and or fourteen days in advance. In addition, sick leave for the use of bereavement time will count towards the overtime calculation. Those employees working mutual aid, strike team or recall of all personnel shall be allowed to count all leave banks as time worked for those events.

F. Overtime Compensation

1. General Provisions
Twenty-four (24) hour duty shift Battalion Chiefs and Fire Captains shall be paid overtime at the rate of time and one-half their hourly rate of pay for hours worked in excess of regularly scheduled shifts. Said personnel shall receive a minimum of two (2) hours when called back to work or to attend a mandatory meeting.

Twenty-four (24) hour duty shift Division Chiefs shall be paid straight time hourly rate of pay for hours worked in excess of regularly scheduled shifts. The purpose of this pay is compensation for replacing another Division Chief who is on sick leave, vacation, bereavement leave, or other approved absence. Under no circumstances will Shift Replacement Pay be construed as overtime pay as defined under the Fair Labor Standards Act. Shift exchanges between two employees of the class of Division Chief will not qualify for Special Shift Replacement Pay under these provisions.

CalEMA Reimbursement Policy - If the city is being reimbursed by an outside agency (i.e. CalEMA) this will fall into the staffing policy of rank for rank overtime because the city is being reimbursed at a Division Chief time and half salary rate.

Fire Division Chiefs assigned to work with other entities in response to overhead, strike team, or for “assistance by hire” assignments on behalf of a third party shall be eligible for overtime compensation at a rate equivalent to time and one half of the employee’s hourly rate for each hour of such assignment if the contract for such assignment, or the conditions of reimbursement from the third party, provide for reimbursement of overtime costs at the time-and-one-half hourly rate. 7 2. Management Staff normally assigned to a forty (40) hour work week are eligible to fill shift work vacancies when non conflicting with their forty (40) hour schedule.

When this occurs the employee shall be paid at the shift overtime rate. Staff assigned to the forty (40) hour work week when working overtime can select to receive compensatory time off at the rate of time and one-half. Those permanently assigned to the forty (40) hour shift can accrue up to 120 hours of compensatory time off.

3. In addition to the normal overtime requirements when the Fire Investigator is called out by the Fire Chief and or the Division Chief outside of normal working hours to conduct a fire investigation for the City of Tulare, the Fire Investigator will be paid one additional hour of overtime above time worked. This provision is in lieu of standby pay.

G. Working in a Higher Classification or Out of Grade

1. Compensation
An employee who is assigned to and assumes the duties of a higher classification (Acting Battalion Chief) as set forth in this section, shall be entitled to receive $32.50. An employee who is assigned to and assumes the duties of a higher classification (Acting Division Chief), shall be entitled to receive $40.00 if the assignment to either classification is for eight (8) hours or more.

2. Incorporation of Side Letters
All Side Letters have been incorporated herein and abolished.

I. Deductions
Deductions from employees pay shall be made in accordance with prevailing laws, contracts and administrative rules and procedures established by the City Manager.

J. Paid Holidays

Birthday)
c. The third Monday in February (President's Day)
d. The last Monday in May (Memorial Day)
e. July 4 (Independence Day)
f. The first Monday in September (Labor Day)
g. November 11 (Veterans Day)
8 h. The fourth Thursday in November (Thanksgiving Day) i. The day after Thanksgiving Day
j. December 25 (Christmas Day)
k. The employee's date of birth
l. Two days in lieu of September 9 (Admission Day) and the second Monday in October (Columbus Day), subject to the same rules and regulations as annual vacation leave and shall be credited to the employee as of July 1 for the current calendar year. Any new or reappointed employee whose appointment begins after July 1 of any year shall not be credited for the two in-lieu holidays until the following July 1. Any regular employee who is on a non-pay status July 1 shall be credited with the two in-lieu holidays immediately upon returning to a pay status.
m. Every day appointed by the President of the United States or the Governor of California for public fast, Thanksgiving, mourning or holidays as determined by the City Manager.

K. Regular Holidays for Pay Purposes

1. Fire Shift Personnel
In return for the elimination of the holiday time off Fire shift personnel shall receive thirteen days (104 hours times 1.4 multiplier or 145.6 hours) of annual holiday time.

In lieu of taking off eight (89.6 hours) of the thirteen days granted in holidays, each sworn fire shift personnel shall be paid for the eight days 44.8 hours the first paycheck in June and 44.8 hours the first paycheck in December. The remaining 56 hours (divided by 26 pay periods) shall be added to the employee’s annual vacation leave bank.

Holiday pay is reportable only for employees who work in a classification that requires “scheduled staffing without regard to holiday.”

2. Paid Days in Lieu of Holidays at Termination
Regular employees of the Fire Departments leaving municipal service with accrued pay days in lieu of holidays who give at least two weeks of notice of their intention to terminate shall be paid the amount of accrued days in lieu of holidays to the day of termination. Payment for accrued days in lieu of holidays shall be at the employee's current rate of pay. (amended by Resolution 2582) L. Compensation for Work on Paid Holidays
Non-Shift fire personnel and non-shift probationary employees assigned to work on holidays shall receive compensatory time off or overtime as recommended by the 9 department head subject to the approval of the City Manager. All requests for overtime pay in lieu of compensatory time off shall be made by memorandum to the Fire Chief.

M. Compensation During Attendance of a Training Course During Vacation, Holidays, Day Off
City employees should feel free to attend training courses that are available during their vacation, holidays or days off if they so desire, however, compensation for attendance for training courses held during days off, weekends, vacations or holidays will be authorized only where employees have been directed by the department head to attend such on the following basis:

1. Holidays
Employees directed to attend training courses will be compensated as provided in Article XV.K. above.

2. Vacations
Employees directed to attend training course held during their vacation days will be allowed to reschedule their vacation days.

3. Days Off or Off Duty Shifts
Employees directed to attend training course on their days off or off duty shifts will be compensated as provided in Article XV.F above. Whenever an employee is out of the city for a number of days on a training course, such as one week seminars, etc., the regular working schedule has no relationship to working hours while in school or in seminars and no special compensation other than regular pay and attendance expenses will be authorized. Under unusual circumstances, deviation from the foregoing procedure may be warranted by department heads, however, only after receiving approval from the City Manager.

N. Management Leave
All sworn middle management employees with less than five (5) years of service shall receive twenty-four (24) hours management leave (33.6 hours for twenty-four hour shift personnel) per fiscal year. Sworn middle management employees with five (5) or more years of service shall receive thirty-two (32) hours of management leave (44.8 hours for twenty four hour shift personnel) per fiscal year. Management Leave will be divided by 26 pay periods and be accrued as part of Annual Leave.

O. Education and Certification Incentive Program

1. All regular, full-time, permanent employees shall be entitled to receive educational and certification incentive pay in the amounts set forth below in item 2, commencing with the first pay period following documentation of the award being turned into the Human Resources Director. Documentation shall be considered the award or conferral by a community college or university transcripts (public or private recognized and accredited post- secondary educational institution) and/or the California State Fire Training (CSFT). The maximum amount that any employee shall be eligible for is 7.5%.
10 2% - Completed CSFT Company Officer or Fire Officer Education Requirements 3% - Completed CSFT Chief Fire Officer or Chief Officer Education Requirements

2.5% - 60 Units of college coursework (20 units in Fire Science related field) 5% - Bachelor’s Degree (with 20 units in Fire Science related field)

2. The Rank of Fire Captain shall be eligible for a 5% specialty salary incentive pay for the position of Lead Fire Investigator. Suppression members seeking this incentive pay shall comply with Lexipol Policy 402, 403, and 404. Members shall maintain current status in the Fire Investigation Unit to be eligible for this Incentive pay. Assignment to the Fire Investigation Unit shall be at the discretion of the Fire Chief.

Current Members in the Fire Investigation Unit shall receive two hours of straight time for everyday on "stand-by" when off-duty and not called to investigate an incident.

3. The Rank of Fire Captain shall receive 5% salary Incentive pay for Paramedic Certification. Fire Captains shall maintain a current State of California Paramedic License and current CCEMSA Certification to be eligible for the incentive pay.

4. Regular city employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their city jobs, such reimbursement shall be subject to administrative rules and procedures established by the Human Resources Division. Effective July 1, 2009, tuition reimbursement will be capped at a maximum of two thousand five hundred dollars ($2,500.00) dollars per fiscal year per employee. This amount may be used to attend CSFT, State Fire, EMS and other Training-approved courses included in the job description for unit members. Employees may use this money to attend Firehouse World and the Fresno Training Symposium, California Fire, EMS and Disaster Conference, California Conference of Arson, Investigators, National Registry Emergency Medical Technician/Paramedic Refresher courses. Travel and training at the National Fire Academy will be excluded from tuition reimbursement and the city will pay the cost of meals and cover an employee’s time off for this training only. The city will arrange for the time off of an employee attending the NFA, any grant funded training, or any training that is mandatory by the Fire Chief. Unless otherwise provided above, courses which require overnight travel will not be included in this agreement, and will be approved based on the city’s Overnight Travel and Training requirements. An employee must make his or her own arrangements for time off during any other training covered by this section. This reimbursement is not available to City employees who are total temporary disabled and unable to perform any work unless a doctor’s note is provided allowing the city employee to attend courses.

The City agrees that is will be responsible for the cost of EMS re-certification; all training shall be done on the employees own time.
11 Paramedic incentive pay and holiday pay shall be reported to CalPERS in accordance with Cal. Code Regs. tit. 2 § 571 et seq.

P. Sick Leave Compensation

Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account. Interest shall be calculated based on the average 12 months (July through June) with the Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

Employee’s choosing not to elect city retiree health insurance can cash out up to sixty (60) days (672 hours). Any balance not cashed out shall be reported to PERS in equivalent days toward service credit.

Q. Compensation for Fractions of Hours Worked
Fractions of hours worked shall be compensated as follows:
0 - 7.5 minutes ------- no payment

7.5 - 22.5 minutes ---- .25 hour

22.5 - 37.5 minutes --- .50 hour

37.5 - 52.5 minutes --- .75 hour

52.5 - 60.0 minutes --- 1.00 hour
R. Retirement Compensation
All regular and regular part time employees are members of the Public Employees Retirement System. The employees and the city shall be subject to changes in the exact contributions and benefits, as determined by the system. The actual terms of retirement benefits for miscellaneous members and local safety members shall be determined by retirement system contracts. (amended by Resolution 3740) The city of Tulare has contracted with PERS for optional benefits.

The coverage key reflects the following changes:

Optional Benefit Misc Fire Police

8.1 1 year final comp 12-14-1991 12-14-1991 12-14-1991
12 8.3 Sick leave credit 12-14-1991 12-14-1991 12-14-1991

8.4 1959 Survivor 03-21-1975 03-21-1975 03-21-1975

8.6 Military Sr Credit 76 06-30-1997 No no

8.21 2%@55 Ret formula no 12-08-1984 12-08-1984

8.22 Inc 59 Survivor 07-04-1980 07-03-1980 07-03-1980

8.40 3%@55 Ret formula no 01-01-2002 01-01-2002

8.44 2%@55 Ret formula 06-30-1997 No no

8.48 4th lvl 1959 surv ben 11-06-1998 01-01-02 08-01-95

2.7%@55 Ret formula 07-01-06 No no
3%@50 Ret formula no 01-01-07 01-01-07

2.5%@55 Ret formula (new
employees hired on or after
effective date)
07-03-10 No no
3%@55 Ret formula (new
employees hired on or after
effective date)
no 07-03-10 no

1. Employee Share to Public Employee Retirement System
a. Classic bargaining unit employees of the Union pay nine percent (9%) of the employee’s contribution to the Public Employee’s Retirement System (CalPERS). PEPRA bargaining unit employees (employees hired on or after January 1, 2013) shall pay fifty percent (50%) of the normal cost as determined by CalPERS for the 2.7% at 57 plan. Effective with the first pay period in January of 2018, employees in the Union began picking up three percent (3%) of the City’s share of CalPERS, for Classic and PEPRA members.

2. PERS Survivor Benefit
a. Management Fire Personnel
The City of Tulare shall maintain the PERS Survivor benefit at level IV. b. The Fire Department Sworn positions are part of a pooled group and receive the preretirement option 2W death benefit by being in the pool.

S. Bilingual Pay
Sworn public safety personnel, up through and including the rank of Fire Battalion Chief, shall receive an incentive bonus of two per cent (2%) incentive bonus for certification as being bilingual in accordance with standards established by the Human Resources Director insuring that the said employee is competent and proficient in the language certified. A recertification shall occur every 3 years. An employee not passing the re-certification shall not continue to receive the incentive bonus.
13 T. Deferred Compensation
All regular employees may, at the employee's request, be included in a Deferred Compensation Plan whereby the employee may provide for the deferral of a specified amount of current income to be invested and the payment of such deferred amount and interest thereon to be made at a later date. Said Deferred Compensation Plan shall be subject to approval by the Internal Revenue Service. Implementation of the plan shall involve no cost or charge to the city.

Effective the first full pay period of July 2026, the City shall contribute up to fifty dollars ($50.00) per pay period to the employee’s deferred compensation account with a required match. City will provide the contribution to an established Deferred Compensation provider to each employee as determined by the City upon 1) Completion of probation and 2) All enrollment forms completed by the employee. If an employee opts out of this benefit, or fails to complete the enrollment forms, the City will not be obligated to provide this benefit.

U. Uniform Allowance

V. Minimum Staffing

2. Minimum staffing must be maintained unless approval is granted by the Fire Chief before deviation from policy.

3. The minimum staffing for the City of Tulare Fire Department is as follows:
a. Thirteen (13) suppression personnel (based on 4 companies) i. Six (6) personnel at Station #61
14 ii. Three (3) personnel at Station #62
iii. Three (3) personnel at Station #63
iv. One (1) Battalion Chief
b. The minimum staffing must include (based on 4 companies) i. One (1) Battalion Chief
ii. Four (4) Fire Captains
iii. Four (4) Fire Engineers
iv. Eight (8) CCEMSA Licensed Paramedics (two of each of four companies)
v. Acting positions may be used to satisfy this requirement. Of the four (4) Captain positions in daily staffing, two (2) must be filled with full-time company officers. All personnel acting out of class must have completed the required training certification for the position as approved by Human Resources.
c. Any apparatus responding as "first out" on emergency calls at a given station must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
iii. One (1) Firefighter
d. T-65 at Station #61 must be staffed with (at a minimum):
i. One (1) Fire Captain
ii. One (1) Fire Engineer
iii. One (1) Firefighter
e. Staffing of personnel above the 13 person minimum manning pattern will be at the sole discretion of the Fire Chief and he/she should closely follow NFP A 1710 recommendation on apparatus staffing. At no time will staffing of a "firstout" apparatus be less than one (1) Captain, one (1) Engineer and one (1) Firefighter.
f. When the staffing of a “first-out” apparatus does not include a Firefighter/Paramedic and the Engineer/Paramedic is required to perform the role of primary paramedic for longer than 10 hours, the Engineer/Paramedic will be compensated $75 for that 24-hour shift.
g. The minimum staffing changes that were agreed upon in side-letter signed 11/1/2025 shall automatically expire on March 2, 2028, and the Minimum Staff language shall revert to the previously adopted MOU language, unless otherwise agreed upon by the City and TPFA.

B. Eligibility for Annual Vacation Leave

C. Accrual of Annual Vacation Leave
Vacation leave shall be accrued and credited monthly by all eligible employees who are on pay status for 50 per cent or more of that month. Those employees eligible for vacation as defined in XVI (B) shall accrue vacation at the following rates:

1. Annual Vacation Leave Accrual for Management Fire Shift Personnel All employees with less than four (4) complete years of service shall earn leave at the rate of 136 working hours per year. Upon the completion of five (5) continuous years of service, the employee shall earn 147.2 working hours of vacation per year; in the same manner, 158.4 hours shall be earned for the sixth year; 169.6 hours shall be earned for the seventh year; 180.8 hours shall be earned for the eighth year; 192 hours for the ninth year; 248 hours for the fifteenth year; for a maximum of 248 hours per year thereafter.

D. Accumulation of Annual Vacation Leave

1. Fire Management
Fire Management shift personnel may accumulate up to 530 hours which includes vacation, holidays and management leave.

New Captains, Battalion Chiefs and Division Chiefs not previously employed with the City of Tulare and employees promoting to the rank of Captain, Battalion Chief or Division Chief with a hire date on or after July 1, 2005 may carry over a maximum accumulation of six months annual vacation leave, for a maximum credit of one and a half years annual leave. If vacation is denied due to a city related emergency, such vacation may be carried over into the following year, if necessary.

E. Scheduling of Vacation Leave
An employee's vacation shall be, as much as possible, scheduled for the employee's convenience, however, vacation shall be scheduled by department heads so as not to interfere seriously with or impair departmental efficiency.

1. Fire Department Scheduling
For definition purposes suppression personnel shall include the following ranks in the Fire department: Battalion Chief; Captain; Engineer, and Firefighter/Paramedic 16 2. Unless otherwise modified by the Fire Chief, personnel shall make their first vacation selections according to the following time lines:

Captains - by December 1
Engineers - by December 5
Firefighter/Paramedic - by December 10

3. Unless otherwise modified by the Fire Chief, personnel shall make their second vacation selections according to the following time lines:

Captains - by December 18
Engineers - by December 23
Firefighter/Paramedic – by December 31
Personnel not scheduling vacations within the stated time-lines forfeit their seniority and must wait until ALL personnel on their shift have completed their selection before re-consideration.

Two suppression personnel shall be allowed to be on vacation at any one time.

After the initial vacation picks have been completed - Any additional vacation requests must be submitted at least sixteen (16) hours prior to the start of the requested shift but no more than 60 days in advance. (For the 48/96 schedule the first twenty-four hours will be considered as the first shift and the second 24 hours will be considered the second shift) Employees will be allowed, upon the approval of their Battalion Chief, up to three (3) hours of unscheduled vacation leave during their shift. After three (3) hours, any additional time will be taken as Family Medical Leave. (added by resolution 05-5244) F. Working During Annual Vacation Leave
The city shall discourage any employee from working for another employer during his/her annual vacation. At no time will an employee be permitted to work for the city during his/her vacation and receive double compensation.

G. Holidays Within Vacation Leave
When a recognized city holiday falls within an employee's vacation for which he/she normally would have been excused from work, that day shall not be charged as a day of annual vacation.

H. Illness Within Vacation Leave
If an employee becomes ill or injured during his/her annual vacation leave which requires hospitalization or medical attention, those days for which proof of such hospitalization or 17 medical attention is furnished shall not be charged as annual vacation but shall be charged as sick leave.

I. Payment of Annual Leave Upon Termination
Employees who terminate employment shall be paid for any accrued vacation. Payment for accrued vacation upon termination shall be at the employee's current rate of pay.

Sick leave shall be allowed only in case of necessity and actual personal illness or disability, medical or dental treatment. Sick leave shall be allowed to a maximum of six days (6) per year (69.2 hours per year for twenty-four hour shift personnel) in case of emergency illness in the immediate family. Upon the approval of the City Manager, additional days may be authorized. The immediate family shall be the spouse, parent, child, step child, brother, sister or other close family member as approved by the Human Resources Director. (amended by Resolution 3740)
B. Eligibility for Sick Leave

1. Regular, Regular Part Time, Probationary and Temporary Employees All regular, probationary and temporary employees, upon completion of six months continuous service, shall be eligible for sick leave with pay.

2. Seasonal Part Time Personnel
Seasonal part time personnel shall not be eligible for sick leave with pay.

C. Accrual of Sick Leave

Those employees eligible for sick leave, as defined in XVII (B), shall accrue sick leave at a rate proportionately equal to that of regular employees.

1. Accumulation of Sick Leave for Twenty-Four (24) Hour Shift Personnel Effective the first full pay period in July 2011 there will be no cap on sick leave accrual.

F. Usage of Sick Leave
Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave.

G. Deductions of Sick Leave
Sick leave shall be deducted at the rate of one hour sick leave for each hour absent.

H. Verification of Sick Leave Usage
The city reserves the following rights with regard to control and verification of appropriate sick leave usage:

1. The city may require that any employee who uses more than two (2) consecutive days of sick leave to provide a physician's certification of the employee's illness.

I. Sick Leave Compensation Upon Termination
There is no cash value to sick leave other than what is listed under “sick leave compensation upon retirement”.

J. Sick Leave Compensation Upon Retirement
An employee having a minimum of ten (10) years of regular service with the City of Tulare shall be allowed the option of cashing out up to thirty (30) days (336 hours) and then placing all other time into an “account” with the City of Tulare. Funds in the account shall be used to pay retiree health insurance premiums with the City of Tulare. Upon retirement the city shall enter into an agreement with the said retiree showing the balance in the account. While there is money remaining in the account the city shall send a statement to the retiree each July showing the account balance and interest earned on the account.

Interest shall be calculated based on the average 12 months (July through June) with the 19 Local Agency Investment Fund (LAIF). Sick leave shall be converted from time into a monetary amount at the retiree’s last hourly rate of pay. Any funds not used in the account due to the retiree deciding to not stay on city health insurance shall cancel out and have no cash value.

K. Workers’ Compensation

1. Fire Department Personnel
a. An employee of the Fire Department who is entitled to the benefits of Labor Code Section 4850, who is absent from work by reason of an injury or illness covered by workers compensation, shall be allowed up to one year's leave of absence, as required by said section. The employee shall continue to receive his/her regular paycheck as long as he/she remains on pay status; provided, however, that such employee assigns to the city any and all workers compensation payments received by the employee.
b. An employee of the Fire Department who is absent from work by reason of an injury or illness covered by workers compensation will continue to accrue sick leave, vacation and holiday benefits and consideration for normal salary increases as though he/she were not on leave of absence. (amended by Resolution 3091)
c. Whenever such disability of an employee continues for a period beyond one year, the leave of absence may continue until the expiration of his/her accrued sick leave, vacation and previously accrued compensatory time off for overtime and paid days in lieu of holidays, calculated to the nearest one-half day, with compensation at the employee's regular rate of pay.
d. When it appears the employee cannot return to work by the expiration of such allowances, disability retirement shall be requested by the city to become effective at the expiration of these allowance unless the employee applies for or consents to his/retirement as of an earlier date, at which time he/she may be compensated for his/her accrued benefits at his/her regular rate of pay. e. No employee of the Fire Department shall be paid any disability indemnity under workers compensation concurrently with wages or salary payments by the city amounting to more than his/her regular rate of pay at any time during his/her leave of absence.
f. No employee of the Fire Department shall receive wage or salary payments from the city after a period of five years from the date of injury for any one injury.
20 g. The parties agree to develop a Workers Compensation "Carve Out Program" that meets the requirements of Labor Code section 3201.7. Details of the program shall be subject to further ratification between the Group and the City.

XIX. OTHER LEAVES OF ABSENCE
A. Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency of where such absence would not be contrary to the best interests of the city. Such leave is not a right but a privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the City Manager. No vacation or sick leave benefits shall be used for illness occurring during such leave.

B. Absence Without Leave
Absence without leave shall be considered to be without pay and reduction in the employee's pay shall be made accordingly. Absence without leave for more than three consecutive days may result in termination of employment. 21 C. Leave of Absence: Death Outside the Immediate Family Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with XIX (A).

D. Maternity
Leave of absence for maternity will be covered under the provisions authorized in XVII(A) and (G). An employee may work until she has been advised by her doctor to cease working.

The employee may continue on sick leave either until the doctor gives written permission to return to work or until benefits are exhausted. (SEC. 1604.10, Chapter XIV, Part 1604, Title 29, United States Labor Code)
E. Employee’s Time Off to Vote
Time off with pay to vote at any general, special, direct primary or Presidential primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said code.

G. Subpoenas: Leave of Absence
Regular employees who are subpoenaed to appear as witnesses in a court trial may be granted a leave of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the city within thirty (30) days from the termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee.

H. Leave for Attending An Industrial Accident Commission Hearing or Related Physical Examinations
Employees who have been injured in the course and scope of their employment with the city and who are required, as a result of such injury, to be absent from duty to take physical examinations required by the city's workers compensation insurer or the Industrial Accident Commission shall be granted leave with pay for such absences only if the employee is in pay status at the time of the scheduled examination or hearing. Applications for such leaves of absence shall be filed eight (8) days in advance with the department head.

I. Bereavement Leave
The city shall allow an employee to be absent from work with pay for a maximum of three (3) days (33.6 hours for twenty-four hour shift personnel, 14.4 sick leave hours will be granted to complete the hours to 48 hours) for a death which occurs within the State of California. If the death occurs outside the State of California and an employee must travel 22 outside the state, a maximum of five (5) days with pay (60 hours for twenty-four hour shift personnel) shall be allowed. Bereavement leave is allowable in the case of death of an immediate family member which for bereavement only shall be defined as a father, mother, step mother, step father, sister, brother, husband, wife, domestic partner, son, daughter, step child, father-in-law, mother-in-law, or any in-law or relative with whom you reside.

Employees shall be granted 1 day from work for the death of a relative. A relative is a grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, and daughter-in-law.

If additional time is required for any of the above, the employee with the Department Head approval may take sick days as needed in compliance with SEC. 702 and SEC. 709.

All other uses of bereavement leave ie. aunt, uncle, niece, nephew etc. shall be vacation time or other leave banks other than sick leave.

The leave does not need to be taken consecutively. The employee must complete the bereavement leave within three months of the family members’ date of death. Three of the five days are paid except for out of State in which case all 5 days are paid. However, you may use accrued paid sick leave or vacation, personal leave, or other accrued leave balances. Even if you do not have paid leave, you still have the right to the time off.

J. Educational Leave
Employees may receive paid leave to attend courses, seminars, workshops or conventions which enhance their knowledge, skills or performance in relation to their job. The determination as to when and whether an employee is granted leave shall be made by the department head.

XX. TERMINATION: LACK OF WORK OR FUNDS

3. Employees subject to layoff who have seniority in a lower classification may displace (bump) employees in the lower classification having less seniority, 23 provided that the displacing employee is fully qualified and capable of performing the work in the lower classification at the rate of pay for the lower classification.

4. Any employee bumping into a lower job classification and remaining in said classification for a period of six or more months shall lose his/her previous classification seniority.

B. Causes for Disciplinary Actions
Causes for disciplinary action against any employee may include, but not be limited to, the following:

1. Unauthorized absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to following the instruction of a Supervisor, manager or other property authority.

4. Disorderly conduct on city premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing or being under the influence of alcoholic beverage or drugs while on duty.

6. Falsifying or altering city records, including, but not limited to, employment, medical, pay and benefit records, or permitting one's time card to be recorded by another employee.

7. Thefts of, or intentional harm to, city or other's personal property.

8. Dishonesty.

9. Violation of safety rules.

10. Unauthorized removal of city documents, records or other property.

11. Negligent or careless performance of duties.

12. Failure to meet acceptable standards of performance.

13. Failure to observe work schedules or assignments.

14. Misuse of city property.

15. Unauthorized departure from job, department or city premises.

16. Loitering or sleeping on the job.

17. Gambling on city's premises or while on duty elsewhere. 24 18. A personal appearance or mode of dress that is unkempt to the point of being detrimental to the business environment of the city.

19. Allowing unauthorized individuals to ride in city's vehicles.

20. Discourteous treatment of the public or other employees.

21. Violation of any provisions of these working rules and regulations, administrative policies or written departmental rules and regulations.(amended by Resolution 3856)
C. Persons By Whom Disciplinary Action May Be Taken
The City Manager or any department head may take disciplinary action against an employee under his/her control for one or more of the causes for discipline specified in this chapter.

D. Procedure Preceding Imposition of Disciplinary Action Prior to initiating any disciplinary action, excluding reprimands, against an employee having regular status, the City Manager or department head shall serve written notice on the employee, personally or by certified mail, at least seven (7) calendar days prior to the effective date of the disciplinary action. The written notice shall include:

1. A description of the action to be taken and the effective date or dates.

2. A statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.

3. A statement advising the employee of the right to respond, either verbally or in writing, to the disciplining authority prior to the effective date of the proposed discipline.

4. A statement advising the employee that he/she may represent himself/herself or may be represented by a person of his/her choosing.

5. A statement that a copy of the materials upon which the proposed action is based in attached or available for inspection upon request.

6. A statement that if the proposed discipline is imposed, the employee has a right to appeal.

Upon request of the affected employee, the City Manager or department head may extend the response from the employee provided that such extension will have no detrimental effect on the city.

F. Extraordinary Circumstances
In those extraordinary circumstances wherein the City Manager or department head determines that the nature of the employee's act or the charges against him/her are such as to require the employee's immediate removal from the job site, the employee may be placed on leave with pay pending service of the notice of disciplinary action and the effective date 25 of the disciplinary action. In the case that discipline is imposed and upheld, such leave shall be charged as vacation leave.

G. Right of Appeal
A regular employee who is subject to disciplinary action under this section or who is subject to punitive action pursuant to Government Code section 3254(b) shall have the right to an administrative appeal conducted in accordance with the requirements of California Government Code sections 11500 et seq. Such appeal must be filed with the City Manager within ten (10) working days after receipt of the written notice of such disciplinary action pursuant to this section or upon notice of a punitive action pursuant to Government Code section 3254(b). The appeal must be in writing and must state specifically the reasons upon which it is based.

H. Right of Appeal: Hearing
Upon receipt of a written appeal from an affected employee, such hearing shall be conducted in accordance with the provisions of SEC. 11513 of the Government Code of the State of California, except that the employee and other persons may be examined as provided in SEC. 19580 of said Government Code and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a rebuttable presumption that the statement of causes is true.

I. Right of Appeal: Representation
The appellant employee shall have the right to appear personally or to be represented by counsel or by anyone else of his/her choosing, including other city employees, with the exception of supervisory, management and confidential employees.

K. Effect of Disciplinary Actions

1. Oral Reprimand
Employees may receive an oral reprimand.

3. Disciplinary Probation
Employees placed on disciplinary probation shall not accrue vacation, sick leave or earned time for salary review while on such probation.

4. Suspension
26 Employees suspended from the municipal service shall forfeit all rights, privileges and salary while on such suspension with the exception of group health and life insurance benefits.

5. Salary Reduction
Employees who have had their salary reduced shall receive the lowered salary until such time as the department head or City Manager determines that an increased salary is merited.

1. No information shall be released without prior approval of the City Manager.

2. No information will be released until final action has been determined and taken.

3. Even after final disposition of the matter, no details will be released other than the exact nature of the action taken.

The foregoing personnel procedure is sanctioned under the Ralph M. Brown Act and related laws. The Attorney General's opinion interpreting Government Code Section 54957 is as follows:
"The purpose of SEC. 54957 is to protect individual public employees and officers from unfavorable publicity, and to permit private inquiry into the employee's activities, or investigation of charges against such employees." M. Informal Counseling with the City Manager
Nothing in these rules and regulations shall prohibit the City Manager from meeting informally with an employee regarding possible disciplinary action in order to attempt to resolve the problem.

N. Non-Applicability
The provisions of this section shall not apply to reductions in the work force or reductions in pay which are part of a general plan to reduce or adjust salaries and wages.

XXII. MISCELLANEOUS
A. Reports of Change of Status
27 All actions involving employment and change in status of employment shall be reported by the department head to the City Manager on City of Tulare Personnel Action Forms.

Copies of such reports shall be furnished to the employee involved.

C. Gratuities
No officer or employee of the city shall solicit or accept any gratuity for services rendered.

D. Outside Employment
Any regular employee desiring to engage in regular outside employment shall first obtain non-city conflict job approval for his/her department head. The employee shall submit a statement to his/her department head on a standard city form, naming the prospective employer, his/her address and telephone number and outline the proposed duties and the hours of work. Approval may be denied if, in the opinion of the department head, such outside employment is incompatible with the proper discharge of the employee's official duties. All such approvals shall be subject to review by the Personnel Officer and shall be resubmitted prior to January 10 each year to maintain a valid, continuous authorization.

E. Compensation for use of Private Automobile in City Business Regular city employees may receive compensation for the use of their personal vehicle in city business. Such compensation shall be the prevailing IRS approved rate and upon approval of the employee's department head. (amended by Resolution 3629) F. Conflict of Interest
All designated employees shall comply with departmental conflict of interest codes or the applicable regulations adopted by the Fair Political Practices Commission.

G. Damaged Equipment Review Committee
A Fire Department Damaged Clothing Review Board shall be established for the purpose of reviewing and determining rates of payment for claims for clothing damaged in the line of duty. No more than one set of glasses may be considered in any two year period. The Board shall be composed of a representatives from the Personnel Office, Fire Department administrative staff and the Association. (amended by Resolution 3145) H. Personnel Files
An employee or his/her recognized employee representative, with the written consent of the employee, shall be entitled to review his/her personnel folder upon request. The employee shall, in advance, be advised of, entitled to read and respond to all statements written by the employee's supervisor, department head or fellow employee of his/her work performance or conduct if such statement is to be placed in the employee's file. No such material shall be filed until an employee has had the opportunity to review and respond to such material. The employee shall acknowledge that he/she has read such material by 28 affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. (added by Resolution 2765) I. Position Reclassification

Requests must be made to the Personnel Department in January or February so that changes may be presented to the City Council in July.

2. Classification Analysis
The supervisor shall forward the request to the department head. The department head shall then request that the Personnel Officer conduct a classification analysis.

When the classification analysis is completed, a written response will be sent to the employee and the department head. The city shall endeavor to complete the analysis as soon as practicable.

3. Appeals
If the employee disagrees with the response of the Personnel Officer, he/she may appeal to the City Manager in writing. The written appeal must state the reasons why he/she feels that the Personnel Officer's findings were incorrect. The City Manager may review the appeal, assign it to his designee or establish an advisory committee to review the matter. The decision of the City Manager shall be final. (amended by Resolution 3887)
J. Employee Assistance Program Policy
The city recognizes emotional, medical and substance abuse (alcohol and drugs) problems as treatable conditions. An employee's problem with alcohol and drug abuse, etc., will be a concern only when it manifests affect upon his/her job performance. There is no desire on the part of the city to intrude into the employee's private life. However, if personal problems being to impact job performance, the Employee Assistance Program provides the employee with a possible alternative to disciplinary action. It is expected that the responsibility for recovery rests with the employee. Employees who suspect that they have a problem will take advantage of diagnostic, counseling and assessment services made available through the Employee Assistance Program. (added By Resolution 3001) K. Flexible Benefits Program
The city shall establish a flexible benefits program, effective October 1, 1987, in accordance with Section 125 of the Internal Revenue Code. The city shall contribute the entire implementation cost and the employees shall be responsible for the monthly cost.

Participation in the flexible benefits program is available to management, confidential, miscellaneous, police and fire personnel. (added by Resolution 3629) 29 L. Vehicle Use Policy

1. The City Manager shall determine the allocation of usage of city-owned vehicles in accordance with the business needs of the city. All city-owned vehicles shall be operated in conformance with administrative policy, unless the use of a vehicle is otherwise controlled by contractual agreement or other policy adopted by the City Council. The City Manager shall be the responsible authority for interpretation and implementation of adopted vehicle use policies. If a Fire Department “pool” vehicle is available it shall be made available to sworn members of the fire department for travel to and from educational and training courses with in one hundred and fifty miles (150) round trip. (added by Resolution 3408)

2. Division Chiefs, Battalion Chiefs, Fire Investigator, and Training Captain shall be provided a vehicle in accordance with city policy.

M. Wellness Program

1. The following guidelines define policy for station and shift assignments and will assist in the interpretation and administration of this process

2. Between October 15 and ending on October 26 of odd numbered years, Fire Captains can select their shift and station assignment based on seniority. The reverse order of Fire Captains bidding first will be a trial bid for one bid cycle. Fire Management Bargaining Unit reserves the right after one bid cycle (2024-2026) to return the bid order to Firefighter/Paramedics and Engineers bidding first.

3. Seniority shall be defined as time in grade within current rank. If two or more employees have the same time in grade, seniority shall be determined by length of continuous service with the Tulare Fire Department. Reappointment shall be handled in accordance with the City of Tulare Rules and Regulations SEC. 309.

If a tie exists after applying these criteria, seniority shall be determined by the employee’s age, with the oldest employee considered senior based on official birth records.
30 Seniority in current rank shall be the predominant factor in determining station and shift assignment.

4. When possible, each shift must have a t a minimum of one qualified acting engineer and acting captain. All engineer or acting engineer positions assigned to T-65 and if out of service, next available apparatus available out of Fire Station 61 must be paramedic qualified until funds become available to fully staff this unit at the City's discretion.

5. Station and shift assignment changes will become effective the first week in January of even years. The bid cycle is every other year.

6. When station or shift assignments become vacant due to promotion, retirement, or other reasons which create an absence.
a. The Fire Chief shall solicit volunteers in the order of seniority in rank to fill the vacancy. In the event there are no volunteers, the vacancy shall be filled by assigning the least senior employee in the rank to the vacant position.

7. ADMINISTRATION DISCRETION: The Fire Chief shall have the discretion to reassign or transfer one or more employees due to unsatisfactory performance, disciplinary actions, or documented personnel issue, employee conflict issue or address a training deficit.

O. Sick Leave Donation Bank
The City agrees that it will create an Administrative Leave Bank Donation Policy that will specifically allow for donations of time to be given to a specified employee.

P. Recruitment and Testing Procedures

2. The City agrees to add points to an employee’s final score for internal candidates on open recruitments:
a. One point shall be added to the final score of employees that have less than five years of service. Service time shall be determined on the date that the application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list.
b. Two points shall be added to the final score of employees that have five to ten years of service. Service time shall be determined on the date that the 31 application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list.
c. Three points shall be added to the final score of employees that have ten or more years of service. Service time shall be determined on the date that the application process closes. Points shall not be added to reach a minimum score of 70 to be placed on the eligibility list.
d. The city agrees that on the recruitment flyer it will list the reference source for the testing material and the components of the process i.e. testing, assessment and orla interview.
e. The city agrees that on recruitments represented under this unit shall be announced concurrently to the inside and outside for candidates.

XXIII.INSURANCE
A. Health, Dental, and Vision

1. For management public safety employees with employee only coverage the employee shall contribute $25 per month towards health care, for those employees enrolled for dependent insurance coverage for a two tier system, the city shall contribute sixty-five percent (65%) of the dependent portion of the premium toward the employee health, dental, vision and life insurance and dependent health, dental, vision and life insurance costs. The employee shall contribute thirty-five percent (35%) toward the cost of dependent insurance coverage. If the city is able to implement a three tier rate structure the employee shall contribute $25 per month, for the employee plus one tier the city shall contribute sixty percent (60%) and the employee shall contribute forty percent (40%), for employee with more than one dependent the city shall contribute sixty nine percent (69%) and the employee shall contribute thirty one percent (31%).

2. For management public safety employees not enrolled for dependent insurance coverage, the city shall pay the entire amount of the employee health, dental, vision and life insurance cost

3. Employees hired after June 23, 1984, upon retirement, shall pay 100 per cent of the total costs of the health insurance premium (with or without dependent coverage).

Any increases in future premiums after retirement shall be borne by the retiree. In order to be eligible for said benefits, the employees must directly retire, be at least 55 years of age and have provided ten years of service to the City of Tulare.

Effective August 1, 2006, management employees with more than 20 years of service with the City of Tulare and obtaining the age of 50 and retiring are eligible to continue on the city health insurance at the same rate as if they were 55. (Amending Resolutions: 00-4687, 06-5374)
If the health insurance administrator recommends future rate increases or program modifications to be implemented, he/she shall make a recommendation to the Health Insurance Committee stating the reasons why such an increase or changes are 32 recommended. The Health Insurance Committee shall then make a recommendation to the City Manager within thirty (30) calendar days after receipt of said recommendation.

In the 2012/13 fiscal year if the city extends this benefit to any other unit than this unit will automatically receive the benefit.

B. Insurance - Life

1. The term life insurance portion of the employee health insurance plan shall be provided for fire management employees as specified in the employee health insurance policy, in the following manner:

Annual Salary Term Life Insurance
$10,000-15,000 $10,000
15,001-20,000 15,000
20,001-25,000 20,000
25,001-30,000 25,000
30,001-35,000 30,000
35,001-40,000 35,000
40,001-45,000 40,000
45,001-50,000 45,000
50,001-55,000 50,000
55,001 or more An annual amount equal to one times the employee's annual rate of base earnings rounded to the nearest
multiple of $1,000 if not already an even multiple
thereof, subject to a maxi- mum of $150,000
The premium for said term life insurance will be at the cost of the city. (amended by Resolution 3298)
C. Insurance - Disability
The City agrees to payroll deduct from the employee's check the monthly premium amount for California Association of Professional Firefighters disability plan. The City also agrees to payroll deduct from the employee's check the monthly dues for membership in the International Association of Firefighters. The City shall pay the premium and dues amount to the vendor directly.
33 MEMORANDUM OF UNDERSTANDING
July 1, 2023 through June 30, 2025

A MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF TULARE AND THE

TULARE CITY PROFESSIONAL FIRE FIGHTERS

ASSOCIATION MANAGEMENT BARGAINING GROUP

SIGNATURE PAGE

Mario U. Zamora / Date / Date
City Attorney Consultant
Marc Mondell / Date / Date
City Manager TPFA Representative
Janie Venegas / Date / Date
Human Resources Director TPFA Representative
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Community Development - Housing
Submitted by: Alexis Costales, Housing and Grants Manager Agenda Title: Santa Fe Commons I, L.P. and Self-Help Enterprises Agreement

RECOMMENDED ACTION
Approve an agreement between the City of Tulare and the Santa Fe Commons I, L.P. and Self-Help Enterprises to appropriate a total of $544,671 as an operating subsidy for the Santa Fe Commons rental housing project; and authorize the City Manager, or their designee, to execute said agreement and all related materials.

SUMMARY
The California legislature created the Permanent Local Housing Allocation (PLHA) Program in 2017 through Senate Bill 2, also known as the Building Homes and Jobs Act. This law set up a permanent source of funding for local governments to support housing projects and programs. The PLHA program uses money collected from a small fee on real estate transactions. These funds are placed in the Building Homes and Jobs Trust Fund. Each year, the California Department of Housing and Community Development (HCD) distributes about 70% of this money to cities and counties. PLHA gives local governments to create more affordable housing and reduce homelessness.

The City of Tulare was designated as a ‘formula allocation’ grantee and received access to a total of five PLHA rounds of funding (e.g., 2019-2023). On July 21, 2020, the City of Tulare City Council adopted resolutions 2020-39 and 2020-40, which established an investment plan for all anticipated PLHA funds and authorized the City Manager to execute PLHA Program applications, standard agreements with HCD, and all related documents. As a reference, the City’s adopted PLHA Program plan committed all PLHA funds in the form of a gap loan to Self-Help Enterprises, a real-estate development sponsor, for construction costs associated with Santa Fe Commons I and II, 120-unit affordable multifamily project servicing households with incomes at or below 60 percent of area median income. To-date, the City expended a total of $813,377 in PLHA funds across Fiscal Years 2022-2023 and 2023-2024 to aide construction and related costs on the Santa Fe Commons project. An additional $544,671, constituting the City’s 2021 PLHA entitlement award, is available for use by the City through its current PLHA Plan and standard agreement with HCD (See Attachments 1 and 2).

Full occupancy of Santa Fe Commons II was achieved in 2024 and the opportunity to amend the City’s PLHA Plan elapsed on June 30, 2025. As such, Community Development Department (CDD) and SelfHelp Enterprises staff considered the option of utilizing available PLHA funds as an operating subsidy.

Per PLHA Program guidelines, both development and operating subsidies relating to affordable rental housing are identified as the same eligible activity under the PLHA Program. CDD staff, in conjunction with Self-Help Enterprises, consulted HCD on whether a new local agreement was needed to formally obligate and expend the 2021 PLHA entitlement award in the amount of $544,671 as an operating subsidy. It was determined that a new local agreement was necessary, which may also give the City an instrument to properly structure and monitor the distribution of $544,671 to the limited partnership entity and owner nonprofit organization of the Santa Fe Commons project for the benefit of the low-income Item #: 8.6
Consent
tenants. The draft agreement and budget detail (see Attachment 3) will establish the obligation of 2021 PLHA funds as a grant, a performance timeframe of two years, the eligible and intended uses of the operating subsidy, and the grounds for regular reporting and inspection by the CDD.

FISCAL IMPACT & FUNDING SOURCES
Appropriate 2021 PLHA funds in the amount of $544,671 across the current and forthcoming fiscal years per the terms of an agreement for payment through fund (310) and an account to be determined. Finance Department did not establish an account for PLHA funds in the current fiscal year.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is aware of a potential conflict of interest for Mayor Isherwood.

LEGAL REVIEW
This item involves an obligation of funds to ownership entities of the Santa Fe Commons project that will be subject to an agreement reviewed and approved by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If approval is not given, the City risks a delay and loss of access to the 2021 PLHA funds.

ATTACHMENTS

1. PLHA Plan for City of Tulare

2. Standard Agreement No. 20-PLHA-15102 between the City of Tulare and California HCD

3. Draft Grant Agreement and Exhibits for Operating Subsidy Reviewed/Approved:

1 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises

GRANT AGREEMENT
This Grant Agreement (this “Agreement”) is entered into effective as of March 1
st
, 2026 (“Effective Date”) by and between the City of Tulare (the “City”) and Santa Fe Commons I, L.P. (“Santa Fe L.P.”), a California limited partnership having place of business at 537 N. West Street, Tulare CA 93274. Santa Fe L.P. and the City are hereinafter collectively referred to as the “Parties.”

RECITALS
A. The City, is acting by and through its Community Development Department ( the “CDD”). Self-Help Enterprises, with a place of business at 8445 W Elowin Court, Visalia CA 93290, is parent owner to Santa Fe Commons I, LLC, the Managing General Partner, of (“SHE”).

The project is constructed and operational with 80 low-income multifamily residential units (the “Project”).

B. Grant funding by the State of California Department of Housing and Community Development (“HCD”) from the Permanent Local Housing Allocation Program administered by HCD (the “PLHA Program”) has been awarded to the City. The grant funds awarded by HCD pursuant to the PLHA Program are referred to herein as the “HCD Funds.” This Agreement has been executed in connection with that certain Standard Agreement dated October 5 th
, 2021
identified as 20-PLHA-15102, and subsequent addendums executed by and between HCD and the City pertaining to HCD’s award of the HCD Funds (the “HCD Standard Agreement”).

C. Santa Fe L.P. has requested, and the City has agreed, to use the HCD Funds to provide a PLHA Operating Account for the purpose of funding approved operational costs to support the affordable housing project and to fund supportive service coordination that will assist low-income and/or formerly homeless families with housing sustainability residing at the Project.

D. Santa Fe L.P. will serve as the administrative agent of received HCD Funds provided by the City for the purpose of the PLHA Operating Account for the Project. Santa Fe L.P. will serve as the administrative agent to ensure all compliance and reporting in accordance with the HCD Standard Agreement and additional obligations made in this Agreement as directed by the City.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

1. THE GRANT AND DISBURSEMENT OF GRANT PROCEEDS.

1.1. Grant. The City agrees to grant, on behalf of the Project, a sum in the maximum principal amount not to exceed Five Hundred Forty-Four Thousand, Six Hundred Seventy-One and 00/100 Dollars ($544,671.00) (the “Grant Proceeds”) upon the terms and conditions and for the purposes set forth in this Agreement. The Grant Proceeds will fund the PLHA Operating Account and be disbursed to Santa Fe L.P. directly for the Project.

1.2. Purpose and Use of Grant Proceeds. The Grant Proceeds shall be used by Santa Fe L.P. for the Project to fund approved costs outlined in the Budget . A budget for expenditures is included as Exhibit A (the “Budget and Eligible Uses”). The CDD shall 2 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises review and approve the use of Grant Proceeds in writing. Any item not included in the budget, as presented in this document, must first be reviewed and approved by the CDD.

2. REPORTING.
(a) Santa Fe L.P. shall provide information required by the City, CDD and HCD as required. Santa Fe L.P. shall provide required materials per quarterly report and/or annual reporting as necessary to satisfy the City’s obligations under the HCD Standard Agreement.

3. SANTA FE L.P. COVENANTS.

3.1. Compliance with PLHA Program and HCD Standard Agreement. Santa Fe L.P. covenants and agrees to comply with all requirements of the PLHA Program and HCD Standard Agreement, the terms of which are incorporated herein by reference, as to the use of the Grant Proceeds and all other matters related thereto.

3.2. Books and Records. The City shall have the right, during business hours and after reasonable notice to Santa Fe L.P., to inspect and copy Santa Fe L.P.’s books and records concerning the Project, the Grant Proceeds and operational expenses.

3.3. Other Documents. Upon the City’s reasonable request, Santa Fe L.P. shall deliver to the City copies of documents related to the Project.

4. INSURANCE AND INDEMNITY

4.1. Santa Fe L.P. will provide evidence of insurance as outlined in Exhibit C.

4.2. To the fullest extent allowable by law, Santa Fe L.P. agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, or agents may sustain or incur as a consequence of or are in any way related to Santa Fe L.P.’s or its owners, directors, officers, managers, employees, agents, and subcontractors’ willful or negligent acts or omissions in the performance of this Agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this Agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful acts.

This duty to indemnify, defend, and hold harmless shall survive the termination of this Agreement.

5. DEFAULT AND REMEDIES.

5.1. Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
(a) Santa Fe L.P. fails to use Grant Proceeds in accordance with this Agreement.
(b) In the event no progress is made toward using all the Grant Proceeds per the objectives and budget of this Agreement for a period of five (5) years, the City shall provide written notice of noncompliance with this 3 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises Agreement to Santa Fe L.P. If Santa Fe L.P. does not provide a reasonable justification for the delay or resume progress within three (3) months of such notice, Santa Fe L.P. shall be out of compliance with this Agreement and the City may demand repayment within thirty (30) days of such noncompliance. (c) Santa Fe L.P. defaults in the performance of any other term, provision, covenant or agreement contained in this Agreement, and the default continues for thirty (30) days after the date upon which the City shall have given written notice of the default to Santa Fe L.P., provided that in the case of a default that is not susceptible of cure within thirty (30) days, an Event of Default shall not arise hereunder if Santa Fe L.P. commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default to completion with due diligence and in good faith.

5.2. Remedies. Upon the occurrence of an Event of Default, the City shall have the following rights, in addition to any other rights and remedies provided by law or in equity:
(a) The City may declare the entire outstanding principal balance of the Grant thereon immediately due and payable;
(b) the City may seek an order of specific performance; and/or (c) the City may terminate this Agreement.

Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein. The City may exercise any rights and remedies available under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement.

6. MISCELLANEOUS.

6.1. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Notwithstanding the foregoing, the City’s obligation to make the Grant is personal to the Project and Santa Fe L.P., and this Agreement shall not be assignable by the Project or Santa Fe L.P. by operation of law or otherwise absent the express written consent of the City.

6.2. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt;
(c) nationally recognized overnight courier, with charges prepaid or 4 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
(d) electronic mail, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery. Any notice given by electronic mail shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.
the City: CITY OF TULARE
Attn: City Manager and Deputy City Clerk
411 E. Kern, Tulare CA 93274
Email: [email protected]
Santa Fe L.P.: Self-Help Enterprises
P.O. Box 6520
Visalia, CA 93290
Attention: Betsy McGovern-Garcia, Vice President
Email: [email protected]
Addresses for notice may be changed from time to time by notice to all other parties.

Notwithstanding that Notices shall be deemed given when delivered, the nonreceipt of any Notice as the result of a change of address of which the sending party was not notified shall be deemed receipt of such Notice.

6.3. Waiver, Modification and Amendment. No failure or delay on the part of the City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification or waiver of any provision of this Agreement, nor any consent to any departure by Santa Fe L.P. therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Santa Fe L.P. in any case shall entitle Santa Fe L.P. to any other or further notice or demand in similar or other circumstances. No amendment to or modification of this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, executed by the Parties, and unless the amendment or modification has been approved by the limited partners of Santa Fe L.P..

6.4. Consents. Whenever the consent or approval of the City is required under this Agreement, the City agrees that such consent or approval will not be unreasonably withheld or delayed.
5 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises

6.5. Further Assurances. The Parties shall execute, acknowledge and deliver to the other Parties such other documents and instruments, and shall take such other actions, as may reasonably be necessary to carry out the intent of this Agreement.

6.6. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish Santa Fe L.P. and the City as partners, co-venturers, or principal and agent with one another.

6.7. Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, or consent by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s Community Development Department or by any person who shall have been designated by the City Manager, without further approval by the City Council unless the City Manager determines in his or her discretion that such action requires such approval.

6.8. Non-Liability of the City and the City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to the Project, Santa Fe L.P., or any successor in interest to either in the event of any default or breach by the City, or for any amount of money which may become due to the Project, Santa Fe L.P. or any successor to either, or for any obligation of the City under this Agreement.

6.9. Captions; Construction; Time is of the Essence. The headings of the sections and paragraphs of this Agreement have been inserted for convenience only and shall not be used to construe this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.

Time is of the essence in the performance of this Agreement.

6.10. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. The Parties consent to the jurisdiction of any federal or state court having jurisdiction in Tulare County, California. Santa Fe L.P. agrees that any controversy arising under or in relation to this Agreement shall be litigated exclusively in courts having jurisdiction in Tulare County. Santa Fe L.P. irrevocably consents to service, jurisdiction, and venue of such courts for any such litigation and waives any other venue to which it might be entitled by virtue of domicile, habitual residence or otherwise.

6.11. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties are materially altered or abridged by such invalidation, voiding or unenforceability.

6.12. Entire Agreement; Exhibits. This Agreement, together with the HCD Standard Agreement and the additional documents referenced herein, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.

6.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.
6 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises

6.14. City Status. Santa Fe L.P. recognizes and agrees that the City is not a commercial lending institution. Any duties or obligations which a commercial lending institution may have to Santa Fe L.P. shall not apply to this transaction except as set forth herein or as otherwise required by law.

6.15. Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled
[SIGNATURES ON FOLLOWING PAGE]
7 PLHA Grant Agreement – City of Tulare and Self-Help Enterprises IN WITNESS WHEREOF, the Parties have executed this Grant Agreement as of the date first written above.

CITY OF TULARE:

By: ________
Name: Marc Mondell Date
Title: City Manager
ATTEST:

Melissa Wilcox, CMC, CPMC
Chief Deputy City Clerk
By: _____________________________________
Date
ATTEST:

Mario Zamora
City Attorney
By: _____________________________________
Date
Santa Fe Commons I, L.P.
a California limited partnership,
By: Santa Fe Common I, LLC, Managing General Partner
By: Self-Help Enterprises,
a California nonprofit public benefit corporation, Member and Owner By: ____________________________
Thomas J. Collishaw,
President
By: ____________________________
David Ebenezer,
CFO

EXHIBIT A

BUDGET AND ELIGIBLE USES OF OPERATING SUBSIDY
Eligible Use of HCD Funds include but are not limited to:
• Operating subsidies for a portion or all of the rental housing units; • Developing and implementing supportive services serving the residents; and, • Establishing an operating reserve.

Ineligible Costs/Uses Ineligible activities include but are not limited to:
• Development of commercial spaces;
• Property tax penalties;
• Costs associated with community meetings and neighborhood outreach, such as room rental and transportation;
• Community outreach mailings (including postage and printing of flyers or invitations); • Costs associated with construction items or materials of a luxury nature; • Most off-site improvements other than utility connections into the adjacent street; • Borrower administrative costs (other than included in the developer fee); • Marketing events such as groundbreakings and grand openings.

Additional Grant Terms:

1. Reserve deposits must comply with the following:
• Operating reserves: None unless balance drops below 25% of prior year’s operating expenses.

2. Supportive and social service coordination reasonable for the population being served may be included as a cost paid by building operations.

Expenditure of the operating subsidy shall be supported by budget statements, operating statements from previous calendar years, rent roll for a preceding calendar year indicating unit number, bedroom and bathroom total, the rent, the rent subsidy, if applicable, and lease renewal date. And, if applicable, other official documentation, as evidence of the nature and propriety of costs associated with the Project’s ongoing operating, maintenance, administrative, utility, and insurance fees. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and/or HCD, shall have the right to audit the records of Santa Fe L.P. so as they relate to the Agreement and use of HCD funds.

EXHIBIT B
Copy of Standard Agreement involving 2021 PLHA Funds – City of Tulare and CA Housing and Community Development Department

EXHIBIT C

MINIMUM SCOPE OF INSURANCE
i. Commercial General Liability
a. Santa Fe L.P. shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Santa Fe L.P.’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Santa Fe L.P. shall not affect coverage provided the City.
c. Coverage shall state that Santa Fe L.P. insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
ii. Business Automobile Liability
a. Santa Fe L.P. shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. Santa Fe L.P.’s automobile liability policy shall be endorsed to: (i) name City and its officers, officials, employees, and agents shall be additional insureds; and (ii) state that Santa Fe L.P.’s automobile liability policy shall be primary and shall not seek contribution from the City’s coverage.
iii. Workers’ Compensation and Employers’ Liability
a. Santa Fe L.P. shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Santa Fe L.P. shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
iv. Professional Liability Insurance
Santa Fe L.P. shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Santa Fe L.P. agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
v. All Coverages
a. Each insurance policy required by the Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, Santa Fe L.P. shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. Santa Fe L.P. must agree to provide complete, certified copies of all required insurance policies if requested by the City. d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. e. Santa Fe L.P.’s insurance policies shall be “occurrence” policies and not “claims-made” coverage, except for Professional Liability Insurance.
f. Waiver of Subrogation – Santa Fe L.P. hereby grants to the City and its officers, officials, employees, and agents a waiver of any right to subrogation which any insurer of Santa Fe L.P. may acquire against the City and/or its officers, officials, employees, and agents by virtue of the payment of any loss under such insurance. Santa Fe L.P. agrees to obtain endorsements necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer g. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by Santa Fe L.P..

Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Capital Improvements Project Dashboard for April 2026

RECOMMENDED ACTION
Accept the Capital Improvements Project Dashboard for April 2026.

SUMMARY
On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

Item #: 8.7
Consent

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Capital Improvement Project Dashboard as of April 2026 Reviewed/Approved:

Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0074: Cross &
West
Improvements
District(s): 1 & 2
Total budget: $842,500
Division: Engineering Total Contract: $1,320,761.56
Project Manager: Dylan ChimientiEngineer: 4 Creeks Contract Working Days: 120Contractor: 99 Pipeline Estimated Completion: 2026Funding: Measure R, Gas Tax, RMRA SB Project Name Contacts Discription . Project Budget Phase Completion WT0056: Well 50
(Well 1
Replacement)
District(s): 2
Total budget: $5,692,894
Division: Water Drilling Contract: $589,300Project Manager: Dylan Chimienti Drilling Working Days: 65 Engineer: CarolloContractor: Drilling - South Valley Companies. Equipping - Unified Field Services Corp.

Equipping Contract: $3,372,133
Funding: Water CIP Equipping Working Days: 240
Estimated Completion: 2027
This project involves installing a sidewalk on the north side of Cross Avenue, enhancing surface water drainage, modifying water and sewer services, reconstructing the street, and improving the westerly side of the Cross AvenueWest Street intersection. The project will also improve pedestrian connectivity in the area.

Construction: The contractor has finished the underground improvements, including storm drain, water services, and sewer laterals. The lowering of the retention basin is complete. The contractor is now working on concrete improvements and street reconstruction.

Construction of new water well to replace existing Well #1 on the same site.

Construction:The contractor has finished clearing and grubbing the site. They are now forming concrete pads and installing underground infrastructure.

Design R.O.W. Const.
80%
Design R.O.W. Const.
10%
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0088: Prosperity
& West Traffic
Signal
District(s): 1 & 2
Total budget: $3,486,480
Division: EngineeringProject Manager: Dylan ChimientiEngineer: QK Contract Working Days: 200Contractor: TBD Estimated Completion: 2026 Funding: Measure R, Gas Tax, CIP Water, Sewer CIP
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0095: Academy
& Apricot
Improvements
District(s): 4
Total budget: $12,741,517
Division: Engineering
Construction Contract: $9,931,583
Project Manager: Dylan ChimientiEngineer: 4 Creeks Contract Working Days: 280Contractor: Dawson-Mauldin LLC.

Estimated Completion: January 2026
Funding: Gas Tax (RMRA/HUTA), Water CIP, Sewer CIP, Streets CIP, Storm Drain CIP, CDBG Pavement Management System / Utility project on Apricot Ave. between Gem St. and Blackstone St.; Academy Ave. between Gem St. and Blackstone Ave.; Pine Dr. between Academy Ave. and Highland St.; E. La Mesa Dr. between Academy Ave. and Blackstone St.; N. Gem St. between San Joaquin Ave. and Academy Ave.; Highland St. between San Joaquin Ave. and the Santa Fe Trail; and Olympic Ct. at Apricot Ave. Includes ADA Concrete work, Water, Sewer and Surface Water facilities.

Construction:Construction is completed, and staff are working with the contractor on project closeout. Notice of completion was approved by Council on March 17, 2026.

Expansion project to install a traffic signal at the intersection of Prosperity and West. This includes ROW acquisition to allow the placement of facilities at their ultimate location. Includes ADA concrete work, sewer water, storm drain, and TID facilities.

ROW:Staff is working with Chicago Title to have the acquired property deeds recorded and the funds wired. Staff is also working with SCE on their utility pole relocation. Concurrently, staff has advertised an RFB with the bid opening on March 19, 2026.

Design R.O.W. Const.
100%
Design R.O.W. Const.
100%
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0099: Mt. View
St. Improvemetns District(s): 5
Total budget: $5,521,134
Division: Engineering Contract Amount: TBDProject Manager: Dylan ChimientiEngineer: 4Creeks Contract Working Days: TBDContractor: TBD Estimated Completion: TBDFunding: Gas Tax (RMRA), Water CIP, Sewer CIP, Streets CIP, Storm Drain CIP Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0101: TesoriBella Oaks
Improvements
District(s): 5
Total budget: $3,247,500
Division: Engineering Contract Amount: TBDProject Manager: TBD Remaining Budget:

Engineer: 4Creeks Contract Working Days: TBDContractor: TBD Estimated Completion: TBDFunding: State HWY DIF Fund, Other General Fund CIP, Nunley Settlement Pavement Management System / Utility project on Tulare Ave./Cheryl Lane Alley between Canby St. and Mt. View St.; Cheryl Lane at Laspina St.; Academy Ave. between Laspina St. and Mt. View St.; Burton Ave. west of Laspina to east of Mt. View St.; Eastgate Ave. west of Laspina St. to Mt. View St.; Vineland Ave. between Laspina St. and Mt. View St.; and Fairwind Ct. at Vineland Ave. Includes ADA Concrete work, Water, Sewer and Surface Water facilities.

Design :One hundred percent of the design and bid specifications have been completed. Waiting for approval to put out to bid, following the completion of the Tulare Dayton Improvement project.

Infrastructure improvements, traffic safety, liability relief concerns, and compliance with ADA requirements associated with the Tesori and Bella Oaks subdivisions, including Mooney Boulevard (SR63) improvements across project frontages.

Design:

City staff is collaborating with the design engineer to finalize construction plans. They are also securing the required Caltrans permit and coordinating with Southern California Edison. Additionally, they are working with SJVH to establish a reimbursement agreement for the improvements, which will be carried out alongside the SJVH Sorento frontage development.

Design R.O.W. Const.
100%
Design R.O.W. Const.
70%
Project Name Contacts Discription Progress Update Project Budget Phase Completion FM0046:

Courthouse
Renovation
District(s): 3
Total budget: $8,096,462
Division: Facility Maintenance
Construction Contract: $5,803,272
Project Manager: Bryan CahillEngineer: 4Creeks Contract Working Days: 280Contractor: 4CG and Various others Estimated Completion: January 2026
Funding: ARPA Funds, General CIP, Lease Revenue Bonds
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0096:

International Agricenter Interchange District(s): 3
Total budget: $52,800,000
Division: Engineering
Construction Contract: $52,800,000
Project Manager: Bryan CahillEngineer: Caltrans & NV5 Contract Working Days: Contractor: Security Paving Estimated Completion: May 2026Funding: TCAG 4 Lane overpass constructed over Hwy 99 connecting K St through Commercial Ave to Laspina St.

Construction: The contractor is currently working on finishing the bridge deck, including Hot Mix Asphalt on the South and North On and Off Ramps. Sewer and water lines have been completed. The contractor expects to finish the project by May / June 2026.

City of Tulare purchased the Tulare County Superior Court House, Renovations include Police Department, Business Incubator, and Chamber of Commerce.

Construction: Nearing completion, the remaining items are the parking lot access fence and gates. The TBIZ building is occupied by the Police Department and City Chamber of Commerace.

Design R.O.W. Const.
99%
Design R.O.W. Const.
80%
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0097:

International Agricenter Extension District(s): 3
Total budget: $6,040,779
Division: Engineering Construction Contract: TBD
Project Manager: Bryan CahillEngineer: Peter Engineering Group Contract Working Days: TBDContractor: TBD Estimated Completion: TBDFunding: Measure R Local, CDBG, Streets DIF, Water DIF, IAC Way Benefit District and Federal Earmark Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0078: Bardsley
Sidewalk
Improvements
District(s): 5
Total budget: $303,444
Division: Engineering Construction Contract:

Project Manager: Bryan CahillEngineer: City of Tulare Contract Working Days: Contractor: TBD Estimated Completion: TBDFunding: Gas Tax Street Construction, including water, sewer, and storm drain lines. Connecting Laspina St thru to Turner Dr.

Design: Currently, Plans and Specifications are 90% developed. Acorn Environmental Consultant has been contracted for the NEPA Study. The NEPA Study is underway per the Acorn schedule, with completion expected in August 2026.

Traffic Safety Project. To install a continuous ADA-compliant sidewalk and curb gutter along Bardsley Ave at Morrison St.

ROW: Staff is working with right-of-way consultant Paragon Partners on acquiring frontage rights for one remaining property. The Right of Way process is completed this week antisipating RFB to contractors Mid April 2026.

Design R.O.W. Const.
90%
Design R.O.W. Const.
90%
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0103: Tulare Ave
Roundabout District(s): 5
Total budget: $1,605,000
Division: Engineering
Construction Contract: $1,588,824
Project Manager: Dylan ChimientiEngineer: 4Creeks Contract Working Days: 180Contractor: Cen-Cal Estimated Completion: 2026Funding: Fund 245 – State HWY DIF Funds Project Name Contacts Discription Progress Update Project Budget Phase Completion WT0055: HWY 99
Water Crossing at
Washington Ave
District(s): 4
Total budget: $1,400,000
Division: Water Construction Contract: TBD
Project Manager: Bryan CahillEngineer: Provost & Prichard Contract Working Days: TBDContractor: TBD Estimated Completion: TBDFunding: Water DIF; Water CIP Construct a roundabout at the intersection of Tulare Ave and Morrison Street in partnership with Caltrans and Woodside homes, the developer of the Farrar Estates subdivision.

Construction: All construction activities have been completed. Staff is working with the contractor on the final project closeout. Staff is also working with Caltrans for reimbursement SHOPP funds.

Construction of a water main under Highway 99 between Prosperity and Cartmill. This project has been identified in the Water Master Plan and is needed to help loop the system on the north side of Tulare. This project will need to occur with the development of Cartmill.

Design: Property acquisition and environmental review have been completed. Construction plans are at 100%, staff is working with the design engineer on specifications. Work plan under review with the EPA, Anticipating the publishing of the request for bids in May 2026.

Design R.O.W. Const.
100%
Design R.O.W. Const.
50%
Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0102: South K
Street
Improvements
District(s): 3
Total budget: $7,009,870
Division: Engineering
Construction Contract: $4,508,582
Project Manager: Bryan CahillEngineer: Peter Engineering Group Contract Working Days: 120Contractor: Archer Civil Construction Estimated Completion: Summer 2026
Funding: Measure R Local, Gas Tax (HUTA), STBGP Funds, Franchise Fee (Solid Waste) Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0093: Prosperity
& J St. Intersection
Improvements District(s): 2 & 4
Total budget: $2,800,000
Division: Engineering Construction Contract:

Project Manager: TBDEngineer: Peter Engineering Group Contract Working Days: Contractor: TBD Estimated Completion: 2026Funding: Gas Tax (HUTA), CRISI Grant The pavement management system project is on South K Street between Olson Avenue and Paige Avenue. It includes ADA concrete work.

Construction: In November 2025, the City Council awarded the project to Archer Civil Construction. Road reconstruction is underway; east-side drive approaches are completed. Ongoing street reconstruction.

CRISI Grant funded project to add protected left movements for E/bound & W/bound traffic at Prosperity and J Street, add a pre-signal in advance of the UPRR crossing, and install ADA compliant pedestrian improvements.

Design: Due to additional scope required by the UPRR that is not covered by the available CRISI grant funding, this project is not expected to move forward to construction. Design per the original scope will be completed to be used for future funding applications.

Design R.O.W. Const.
0%
Design R.O.W. Const.
85%
Project Name Contacts Discription Progress Update Project Budget Phase Completion FM0048:

Emergency
Homeless Shelter
District(s): 3
Total budget: $12,970,101
Division: Facility Maintenance
Construction Contract: $8,940,000
Project Manager: Bryan CahillEngineer: 4Creeks Contract Working Days: 300Contractor: Superior Construction Estimated Completion: March 2026
Funding: ARPA Federal Grant, 601 General Fund, County ARPA, Federal Earmark, ERF Round 2 Grant, State Earmark.

Project Name Contacts Discription Progress Update Project Budget Phase Completion EN0098: Tulare -
Dayton Ave
Improvements
District(s): 3
Total budget: $6,807,467
Division: Engineering Construction Contract: TBDProject Manager: Dylan ChimientiEngineer: Peter Engineering Group Contract Working Days: 240Contractor: TBD Estimated Completion: 2027Funding: Gas Tax (RMRA), Water CIP, Sewer CIP, Storm Drain CIP, CDBG Construct an emergency homeless shelter facility consisting of perimeter fencing, parking, exterior lighting, modular offices, laundry, living quarters, ADA restrooms, showers, single-use restrooms, showers, modular classrooms, a food pantry, storage containers, dog kennels, and 20,000 sf steel building primary shelter structure.

Construction: Superior Construction has installed 16 Living Quarters Buildings. Also, the metal building has been erected, and the interior 90% completed. Underground improvements are completed. On-site hardscape and foundations for restrooms, an office, a food pantry, a classroom, and a laundry building are upcoming. Anticipated Completion end of May 2026.

Pavement Management System / Utility project on Academy Ave. between Dayton St. and Laspina St; Stanley Dr. between Lane St. and Academy Ave.; La Mesa Ave. between Dayton St. and Spruce St.; Burton Ave. east of Lane St.; Miracle Ct.; Dayton St. between Tulare Ave. and La Mesa Ave.; Lane St. between Tulare Ave. and Burton Ave.; and Canby St. between Tulare Ave. and the Santa Fe Trail. Includes ADA Concrete work, Water, Sewer and Surface Water facilities.

Design: Staff is working with the design engineer to finalize plans and specifications. Staff will publish the request for bids in April 2026.

Design R.O.W. Const.
80%
Design R.O.W. Const.
100%
Project Name Contacts Discription Progress Update Project Budget Phase Completion PK0039: Alpine
Property
Improvements
District(s):
5 Total budget: $419,790
Division: Parks
Construction Contract: $294,062.60
Project Manager: Dylan ChimientiEngineer: Lane Engineering Contract Working Days:65Contractor: TBD Estimated Completion: 2026Funding: Fund 601 - Other General Fund CIP Design and construct frontage improvements across City-owned property at the southeast corner of Alpine Avenue and Nelder Grove Street in accordance with the terms of a lease agreement between the City and Tulare City School District dated December 12, 2023.

Construction: The contractor began construction in February 2026. They have completed the concrete improvements on Nelder Grove St., including the curb ramp at the intersection of Alpine and Nelder Grove. The contractor is currently working on installing the underground electrical for the new street light and preparing the street for repaving.

Design R.O.W. Const.
70%
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: CIP Project FM0048 Homeless Shelter Construction Contract Amendments

RECOMMENDED ACTION
Authorize the City Manager to sign contract amendments related to City Project FM0048 Emergency Homeless Shelter with Guida, Inc. in the amount of $18,450 for additional construction surveying services, and Superior Construction in the amount of $126,726.60 for additional street reconstruction on O’Neal Avenue between K Street and O Street; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 5% of the amended contract amounts; and authorize a corresponding increase of up to $145,176.60 to the General CIP Fund appropriation in accordance with the revised CIP Project Sheet.

SUMMARY
On September 17, 2024, City Council approved a contract with Guida, Inc. of Fresno CA, in the amount of $56,700.00 for survey and staking services related to construction of the Homeless Shelter. At the time of contract award, Council authorized a 5% contract contingency, which allowed staff to approve change orders up to $2,835.00 above the amount of contract award. However, the project has proven to be more complex than anticipated with a greater number of site visits being required to support the construction contractor’s activities. As a result, the original contract budget and contingency for survey and staking have been exhausted. To cover costs for additional survey and staking required for the project, Guida Inc. is requesting a contract amendment in an amount not to exceed $18,450.00. The Engineering Department has reviewed the proposed addendum and determined that based upon the remaining work the proposed costs are reasonable and consistent with survey and staking fees experienced on other City projects. Actual costs for these services will only be incurred on an as-needed basis and will be billed based on time and materials. Therefore, the City may only incur a portion of the requested $18,450 contract amendment. As with the original contract, staff is also requesting Council authorization for the City Manager or designee to approve contract change orders in an amount not to exceed 5% of the amended contract award.

Superior Construction provided a cost proposal of $126,726.60 for this additional work. The Engineering Department has determined this to be a reasonable cost that would provide long-term savings by incorporating the improvements into an existing contract without additional mobilization costs.

Item #: 8.8
Consent

FISCAL IMPACT & FUNDING SOURCES
CIP Project FM0048 – Homeless Shelter is funded by the following sources:
• Fund 310 – Encampment Resolution Fund (Round 2 Grant) • Fund 330 – Federal Earmark (FY23 CPF)
• Fund 335 – American Recovery Plan Act (ARPA)
• Fund 400 – American Recovery Plan Act (County ARPA Contribution) • Fund 400 – General CIP Fund
An additional appropriation from Fund 400 – General CIP Fund in the amount of $133,656 would be required to fund both contract amendments. The expenses associated with the requested contract addendums would be charged to the project strings corresponding to the associated tasks:
• FM0048-050-0224 – Surveyor (revised budget = $75,150.00) • FM0048-050-0600 – Construction/Labor & Materials (revised budget = $9,066,726.60) A revised CIP Project Sheet is attached.

ENVIRONMENTAL REVIEW
Environmental review of the project was completed prior to construction.

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes – Staff would work to incorporate any changes or recommendations directed by City Council.

2. Deny - Should Council deny the requested contract amendment for Guida, Inc., the City will not have the survey and staking services necessary to ensure that the project is constructed in accordance with the approved plans and specifications. Should Council deny the requested contract amendment for Superior Construction, the City will not complete the additional paving work on O’Neal Avenue, resulting in a mix of new and deteriorated pavement between K Street and O Street.

3. Table - Postponing the amendments could result in delay to the project schedule.

ATTACHMENTS

1. Guida, Inc. Contract Amendment

2. Superior Construction Proposed Construction Change Order

3. Revised CIP Project Sheet
Reviewed/Approved:

BAY AREA | 4695 CHABOT DR, SUITE 115, PLEASANTON, CA 94588 OFFICE (925) 398-0805 | WWW.GUIDAINC.COM
December 22, 2025 00524-00213
Bryan Cahill
Project Manager
411 E. Kern
Tulare CA 93274
Change Order for Out-of-Scope Work additional Visits
Dear Bryan,
Re: HOMELESS SHELTER
Guida has received requests from City of Tulare to preform additional staking beyond the proposaled visits for staking. per our review please see additional cost for final work.

Guida cost for additional survey:
$9,500 curb
$2,750 ADA
$5,500 for hardscape
$700 Current overage
$18,450.00 total
If you have any questions or comments regarding this Change Order, please do not hesitate to contact me at (949) 037- 2190.

Sincerely,
PREPARED BY:

Adrian Trespando
V.P. of Northern California Operations
T | 949-307-2190
E | [email protected]

EXHIBIT A

SCOPE OF WORK

PROJECT MANAGER(s):

PROJECT DESCRIPTION & PURPOSE:

KEY POINTS:

PROJECT STATUS:

PROJECTED START DATE:

PROJECTED END DATE:

FUTURE M & O:
(Additional Cost & Department
Responsibility)
CRITERIA (1-8):

To Date Remaining Year 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 010 - Conceptual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 020 - Temporary Encampment $1,460,197.76 $889.06 $6,205.94 $0.00 $0.00 $0.00 $0.00 $0.00 $1,467,292.76 0600 - Construction/Labor & Materials $1,102,639.84 $889.06 $6,205.94 $0.00 $0.00 $0.00 $0.00 $0.00 $1,109,734.84 0610 - Property Acquisition $355,814.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $355,814.00 0996 - Project Management Time $326.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $326.65 0998 - Dev Srvcs Time $1,417.27 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,417.27 030 - Environmental $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0200 - Development Services Time $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 040 - Final Design $456,628.91 $0.00 $64,070.81 $0.00 $0.00 $0.00 $0.00 $0.00 $520,699.72 0200 - Professional Services/Consultant $434,590.14 $0.00 $64,070.81 $0.00 $0.00 $0.00 $0.00 $0.00 $498,660.95 0996 - Project Management Time $9,600.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,600.06 0998 - Development Services Time $12,438.71 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,438.71 050 - Construct/Impliment $5,377,754.93 $19,163.68 $6,533,266.31 $0.00 $0.00 $0.00 $0.00 $0.00 $11,930,184.92 0203 - Construction Management $178,475.00 $0.00 $169,125.00 $0.00 $0.00 $0.00 $0.00 $0.00 $347,600.00 0204 - Materials Testing $48,505.00 $0.00 $240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $48,745.00 0205 - Labor Compliance $8,075.00 $0.00 $22,525.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,600.00 0210 - Attorney $0.00 $0.00 $4,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 0224 - Surveyor $41,186.20 $0.00 $33,963.80 $0.00 $0.00 $0.00 $0.00 $0.00 $75,150.00 0600 - Construction/Labor & Materials $3,880,589.87 $0.00 $5,186,136.73 $0.00 $0.00 $0.00 $0.00 $0.00 $9,066,726.60 0601 - Construction Costs Modular Building $1,112,582.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,112,582.48 0602 - ARPA Boxing Club Improvements $8,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,600.00 0612 - Materials Testing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0996 - Project Management Time $72,945.12 $13,763.68 $95,849.29 $0.00 $0.00 $0.00 $0.00 $0.00 $182,558.09 0998 - Development Services Time $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0999 - Contingency $26,796.26 $5,400.00 $1,021,426.49 $0.00 $0.00 $0.00 $0.00 $0.00 $1,053,622.75 060 - Close Out $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Costs: $7,294,581.60 $20,052.74 $6,603,543.06 $0.00 $0.00 $0.00 $0.00 $0.00 $13,918,177.40 $0.00 Costs Description Prior Fiscal Years Unfunded
Fiscal Year 2025/2026 Future Fiscal Years
Total
Underway
7/1/2022
9/30/2025
Additional funds will be required to operate the shelter.

Criteria 2: Project addresses regulatory, safety, or environmental requirements that more likely than not threatens in whole or in part the City's ability to operate a core program or function within the next fiscal year if not replace or repaired.

ARPA -"Category 2" Eligable - Addresses negative economic impacts caused by the public health emergency. 2026 - 2031 CIP Administrative
PROJECT #: FM0048
Homeless Shelter
(Capital)
(Capital)
District(s): All
Bryan Cahill
Construct an emergency homeless shelter facility consisting of perimeter fencing, parking, exterior lighting, modular office building, restroom and shower facilities (trailers), modular classrooms, food pantry, laundry, modular housing units, storage containers, dog kennels, and 20,000 SF steel building primary shelter structure. 17 To Date Remaining Year 2026/2027 2027/2028 2028/2029 2029/2030 2030/2031 310 - ERF Round 2 Grant $1,289,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,289,200.00 $0.00 330 - FY23 CPF Federal Earmark $1,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,500,000.00 $0.00 335 - American Recov. Plan Act Fund $2,008,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,008,600.00 $0.00 400 - General CIP Fund $1,996,782.00 $20,052.74 $6,603,543.06 $0.00 $0.00 $0.00 $0.00 $0.00 $8,620,377.80 $0.00 400 - General CIP Fund (County ARPA) $500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500,000.00 $0.00 Total Funding: $7,294,582.00 $20,052.74 $6,603,543.06 $0.00 $0.00 $0.00 $0.00 $0.00 $13,918,177.80 $0.00 G/L #'s:

Notes:
028-4145-6213, 601-4601-7301
FY 2026-2031 CIP. 050-0600 includes $500k County ARPA purchases. 050-0601 includes modular village unit purchase. 050- 0602 includes extension of O'Neal Avenue frontage improvements across Tulare Athletic Boxing Club property using City ARPA funds.

Funding Sources Prior Fiscal Years
Fiscal Year 2025/2026 Future Fiscal Years
Total Unfunded
18 Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Kensington Estates Phases 1 & 2 Oversize Construction Reimbursement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Kensington 111, LLC, a Delaware Limited Partnership for construction costs associated with Phases 1 & 2 of the Kensington Estates subdivisions that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of Phases 1 & 2 of the Kensington Estates subdivision located on the north side of Cartmill Avenue between De La Vina and Devonshire Streets, Presidio JJR Kensington 111, LLC (Developer) was required to construct certain water and storm drainage improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCES
As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund
• Fund 227 – Storm Drain Fac. DIF Fund

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes – Minor changes would likely result in no impact.

Item #: 8.9
Consent

2. Deny – Denial would be contrary to the oversize construction reimbursement policies contained in Chapter 8.64 of the City’s Municipal Code. Per the provisions of the fee mitigation act, failing to reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.

3. Table – A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

ATTACHMENTS

1. Kensington Estates Nos. 1 & 2 Oversized Construction Reimbursement Agreement Reviewed/Approved:
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this 7
th day of April, 2026, by and between the CITY
OF TULARE, hereinafter referred to as the "CITY", and Presidio JJR Kensington 111, LLC a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".

W I T N E S S E T H
WHEREAS, said DEVELOPER has installed improvements of a supplemental size, capacity, number, or length and/or excessive right of way as required by the CITY as a condition of a development or extension of city facilities for Kensington Estates Phases 1 and 2; and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and WHEREAS, the DEVELOPER has submitted all anticipated oversized costs to the CITY for review, approval and inclusion into the reimbursement agreement prior to the start of construction; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.

NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:

STORM DRAIN FACILITIES
Description Quantity
Unit
Measure Unit Price Oversize Cost
Kensington Phase 1 – Master
Plan Basin Property
Acquisition

1.28 AC $43,014.16 $55,058.12
Kensington Phase 1 – Master
Plan Basin Excavation 1 EA $14,729.00 $14,729.00
Kensington Phase 1 – Master
Plan Basin Outlet Structure 1 EA $13,789.00 $13,789.00
Kensington Phase 1 – Master
Plan Basin Fence W/ Slats 1000 LF $21.95 $21,950.00
Kensington Phase 1 – Master
Plan Basin Fence Mow Strip 1000 LF $9.50 $9,500
Kensington Phase 1 – Master
Plan Basin Gate 1 LS $1,500.00 $1,500.00
Kensington Phase 1 – Master
Plan 54” Storm Drain Pipe 124 LF $378.23 $46,900.00
Total Storm Drain Facilities Oversize = $163,426.12
Less Development Impact Fee Credits Issued To Date = $0.00 Principal Due To Developer = $163,426.12
3 II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence starting on the execution date of this agreement as first above written.

III. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Presidio JJR Kensington 111, LLC
5067 Avenida de Los Robles
Visalia, CA 93291
Attention: Joseph A Leal
IV. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

VI. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof. 4 IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.

CITY OF TULARE Presidio JJR Kensington 111, LLC
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Joseph A Leal
Title: President
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

City Attorney
5 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Kensington Estates Phase 3 Oversize Construction Reimbursement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Kensington 100, LLC, a Delaware Limited Partnership for construction costs associated with Phase 3 of the Kensington Estates subdivision that are eligible for reimbursement in accordance with Chapter

8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of Phase 3 of the Kensington Estates subdivision located north of Cartmill Avenue and west of Mooney Boulevard, Presidio JJR Kensington 100, LLC (Developer) was required to construct certain water and street improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes – Minor changes would likely result in no impact.

Item #: 8.10
Consent

3. Table – A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

ATTACHMENTS

1. Kensington Estates No. 3 Oversized Construction Reimbursement Agreement Reviewed/Approved:
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this 7
th day of April, 2026, by and between the CITY
OF TULARE, hereinafter referred to as the "CITY", and Presido JJR Kensington II 100, LLC, A Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".

W I T N E S S E T H
WHEREAS, CITY constructed a well and water storage tank site within the boundaries of Phase 3 of the Kensington Estates subdivision; and WHEREAS, in conjunction with their subdivision improvements, DEVELOPER was required to install right-of-way frontage improvements across the CITY’s well and water storage tank site, including street pave-out, curb, gutter, driveway approaches, sidewalk, and landscaping; and
WHEREAS, the City Engineer has determined that costs associated with the construction of said right-of-way frontage improvements across CITY’s well and water storage tank site are eligible for reimbursement in accordance with CITY’s oversize construction reimbursement policies; and
WHEREAS, DEVELOPER installed a traffic signal at the intersection of Cartmill Avenue and De La Vina Street in conjunction with Phases 3 and 4 of the Kensington Estates subdivision, and incurred engineering design costs that are eligible for reimbursement in accordance with CITY’s oversize construction reimbursement policies; and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare require in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and WHEREAS, DEVELOPER has submitted documentation regarding oversized costs to the CITY for review, approval and inclusion into the reimbursement agreement; and WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees 2 paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion or otherwise determined to be eligible by the City Engineer; and
WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.

NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:

WATER FACILITIES
Description Quantity
Unit
Measure Unit Price
Oversize
Cost
Remove Existing 8” C900 DR-18 Water
Main from New Well and Tank Site to
Cartmill Avenue
1 LS $27,150.00 $27,150.00
Installation of 12” C900 DR-18 Water
Main from New Well and Tank Site to
Cartmill Avenue
1,160 LF $80.25 $93,090.00
Installation of 12” Gate Valves (Cost
difference between a 8” and 12” valve) 9 EA $1,016.89 $9,152.01 Cartmill Avenue 12” Water Connection
Traffic Control 1 LS $2,500.00 $2,500.00
12” C900 DR-18 Water Main Offsets over
storm drain line on Dorset Street (3 Total) 1 LF $19,716.00 $19,719.00 Well and Tank Lot Right-of-Way
Improvements (curb, gutter, sidewalk,
curb return, an frontage paving) 1 LS $40,797.68 $40,797.68 Well and Tank Lot Landscape
Improvements 1 LS $46,201.69 $46,201.69
Total Water Facilities Oversize = $238,610.38
Less Development Impact Fee Credits Issued To Date = $41,503.50 Principal Due To Developer = $197,106.88
3 STREET FACILITIES
Description Quantity
Unit
Measure Unit Price
Oversize
Cost
De La Vina Traffic Signal
Design 1 LS $27,600.00 $27,600.00
Total Street Facilities Oversize = $27,600.00
Less Development Impact Fee Credits Issued To Date = $0.00 Principal Due To Developer = $27,600.00
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence starting on the execution date of this agreement as first above written.

III. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Presido JJR Kensington II 100, LLC, A Delaware Limited Liability Company 5607 Avenida de Los Robles
Visalia, CA 93720
Attention: Joseph Leal
IV. The DEVELOPER shall not transfer the rights to reimbursements without an amendment to this agreement subject to the approval of City Council.

CITY OF TULARE PRESIDO JJR KENSINGTON A Municipal
II 100, LLC a Delaware Limited Liability
Corporation Company

“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Joseph Leal
Title: President
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Willow Glen Phase 4 Oversize Construction Reimbursement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Partnership for construction costs associated with Phase 4 of the Willow Glen subdivision that are eligible for reimbursement in accordance with Chapter

8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of Phase 4 of the Willow Glen subdivision located north of Cartmill Avenue and west of Mooney Boulevard, Presidio JJR Cypress Park 155, LLC (Developer) was required to construct certain water improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCES
As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes – Minor changes would likely result in no impact.

2. Deny – Denial would be contrary to the oversize construction reimbursement policies contained in Chapter 8.64 of the City’s Municipal Code. Per the provisions of the fee mitigation act, failing to Item #: 8.11
Consent
reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.

3. Table – A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

ATTACHMENTS

1. Willow Glen No. 4 Oversized Construction Reimbursement Agreement Reviewed/Approved:
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this 7
th day of April, 2026, by and between the CITY
OF TULARE, hereinafter referred to as the "CITY", and Presidio JJR Cypress Park 155, LLC a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".

Cypress Park Unit 1); and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and WHEREAS, the DEVELOPER has submitted documentation for all oversized construction costs to the CITY for review, approval and inclusion into the reimbursement agreement; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.

NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:

I. Oversize improvements installed and\or excessive right of way dedicated by the DEVELOPER and their principal costs less any credits given the DEVELOPER against fees due the CITY for installation of these improvements and/or excessive right of way dedicated are as follows:
2 WATER FACILITIES
Description Quantity
Unit
Measure
Unit
Price
Oversize
Cost
Willow Glen Phase 4 – Master Plan 12”
C900 Water Main Pacific Avenue, Cost
Difference between an 8” and a 12” 635 LF $50.25 $31,908.75 Willow Glen Phase 4 – Master Plan 12”
C900 Water Main Onsite, Cost Difference
between an 8” and a 12” 842 EA $14.25 $1,790.00
Willow Glen Phase 4 – 12” Master Plan
Gate Valve, Cost Difference between an
8” and a 12” 9 EA $985.00 $8,865.00
Total Water Facilities Oversize = $52,772.25
Less Development Impact Fee Credits Issued To Date = $0.00 Principal Due To Developer = $52,772.25
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence starting on the execution date of this agreement as first above written.

III. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Presidio JJR Cypress Park 155, LLC
5067 Avenida de Los Robles
Visalia, CA 93291
Attention: Joseph A Leal
IV. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

V. This Agreement represents the entire understanding of the CITY and the 3 DEVELOPER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the DEVELOPER.

IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.

CITY OF TULARE Presidio JJR Cypress Park 155, LLC
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Joseph A. Leal
Title: President
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

City Attorney
4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Willow Glen Phase 5 Oversize Construction Reimbursement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with Presidio JJR Cypress Park 155, LLC, a Delaware Limited Partnership for construction costs associated with Phase 5 of the Willow Glen subdivision that are eligible for reimbursement in accordance with Chapter

8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of Phase 5 of the Willow Glen subdivision located north of Cartmill Avenue and west of Mooney Boulevard, Presidio JJR Cypress Park 155, LLC (Developer) was required to construct certain water improvements that are considered oversize, as they were required to serve regional needs beyond what is necessary for the development. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCES
As funding becomes available, reimbursements would be made to the Developer using the following funds:
• Fund 225 – Water Supply Fac. DIF Fund

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
The template for the City’s oversize construction reimbursement agreement has previously been reviewed and approved as to form by the City Attorney.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes – Minor changes would likely result in no impact.

2. Deny – Denial would be contrary to the oversize construction reimbursement policies contained in Chapter 8.64 of the City’s Municipal Code. Per the provisions of the fee mitigation act, failing to Item #: 8.12
Consent
reimburse the Developer for improvements required by the City to address impacts above and beyond those directly attributable to the development could result in litigation. Additionally, the developer may avoid undertaking future projects within the City limits.

3. Table – A delay in the City’s approval of the oversized construction reimbursement agreement could result in significant financial impact to the developer.

ATTACHMENTS

1. Willow Glen No. 5 Oversized Construction Reimbursement Agreement Reviewed/Approved:
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this 7
th day of April 2026, by and between the CITY
OF TULARE, hereinafter referred to as the "CITY", and Presidio JJR Cypress Park 155, LLC a Delaware Limited Liability Company, hereinafter referred to as "DEVELOPER".

Cypress Park Unit 2); and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and WHEREAS, the DEVELOPER has submitted invoices for all oversized construction costs to the CITY for review, approval and inclusion into the reimbursement agreement; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.

NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:

I. Oversize improvements installed and\or excessive right of way dedicated by the DEVELOPER and their principal costs less any credits given the DEVELOPER against fees due the CITY for installation of these improvements and/or excessive right of way dedicated are as follows:
2 WATER FACILITIES
Description Quantity
Unit
Measure
Unit
Price
Oversize
Cost
Willow Glen Phase 5 – Master Plan 12”
C900 Water Main Pacific Avenue, Cost
Difference between an 8” and a 12” 1,084 LF $81.50 $88,346.00 Willow Glen Phase 5 – 12” Master Plan
Gate Valve, Cost Difference between an
8” and a 12” 3 EA $1,255.00 $3,765.00
Total Water Facilities Oversize = $92,111.00
Less Development Impact Fee Credits Issued To Date = $0.00 Principal Due To Developer = $92,111.00
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.

III. Reimbursements are to be made by mail to the DEVELOPER at the following address:

V. This Agreement represents the entire understanding of the CITY and the DEVELOPER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the DEVELOPER.
3 VI. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.

IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.

CITY OF TULARE Presidio JJR Cypress Park 155, LLC
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Joseph A. Leal
Title: President
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion for CIP Project EN0103 Tulare/Morrison Roundabout

RECOMMENDED ACTION
Accept as complete the contract with Cen Cal Construction of Bakersfield, CA., for work on CIP Project EN0103 Tulare/Morrison Roundabout; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
Capital Improvement Project EN0103 – Tulare/Morrison Roundabout constructed a roundabout at the intersection of Tulare Avenue (State Route 137) and Morrison Street in partnership with Caltrans and Woodside Homes. The project was required mitigation for transportation impacts resulting from the Woodside Homes development of the Farrar Estates subdivision located northwest of the intersection.

To promote the selection of a roundabout as the preferred intersection improvement, Caltrans provided $1.25 million of SHOPP funding towards the project.

FISCAL IMPACT & FUNDING SOURCES
A summary of contract costs is as follows:

Contract Award Amount: $ 1,588,824.00
Bid Item Quantity Adjustments $ 62,998.72
Contract Change Orders – Various: $ 411,655.85
Total Construction Contract Cost: $ 2,063,478.57
Additional work completed by change order included stamped concrete in medians east and west of the roundabout not included in the approved project plans, additional structural section materials to support median and diverter island curbs, and temporary K-Rail required for traffic control during the stamped concrete construction.

Funding sources for CIP Project EN0103 were as follows:
• Fund 233 – State Highway Proj. DIF Fund
• Fund 320 – Engineering Grants Fund (Caltrans SHOPP Funds)

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
This item does not require legal review.

Item #: 8.13
Consent

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to accept the contract with Cen Cal Construction as complete, the City will be unable to release payment of the retention amount owed to the Contractor.

The start of the 1-year maintenance bond on the project would also be delayed. Without specific written findings justifying the delay in payment and extension of the Contractor’s maintenance responsibilities, the City could open itself up to litigation for damages caused by the delay.

3. Table – Without specific written findings justifying the delay in payment and extension of the Contractor’s maintenance responsibilities, the City could open itself up to litigation for damages caused by the delay.

ATTACHMENTS

1. Notice of Completion
Reviewed/Approved:

RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, is the owner of the real property, public works, or structure hereinafter described.

2. The nature of the title of the stated owner is: In fee

3. On the 17th day of March 2026, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Cen Cal Construction, whose address is 34762 Lencioni Avenue, Bakersfield, CA 93308. The surety on said contract is Developers Surety and Indemnity Company.

5. The real property or public works or structure is described as follows:

CIP Project EN0103 – Tulare/Morrison Roundabout
Dated: , 2026 CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer

VERIFICATION
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , 2026 at Tulare, California.

By:

Michael W. Miller, City Engineer
Staff Report
Meeting: City Council
Date: April 7, 2026
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Resolution of Intent Regarding Realignment of Oakmore Street

RECOMMENDED ACTION
Adopt a resolution of intent regarding the future realignment of Oakmore Street north of Bardsley Avenue.

SUMMARY
Background:

On October 24, 2022, the Planning Commission adopted Resolution No. 5435 approving the tentative subdivision map for Fulton Estates located south and west of the intersection of State Route 137 (Tulare Avenue) and Oakmore Street. As part of the entitlement process, a traffic impact study (TIS) was prepared to analyze certain intersections and roadway segments anticipated to be directly impacted by the development. This included the intersection of State Route 137 (Tulare Avenue) and Oakmore Street.

The TIS identified that under existing (pre-project) conditions, the intersection failed to meet minimum level of service requirements and met warrants for installation of a traffic signal. With the additional traffic resulting from full build-out of the project, intersection operation was projected to further deteriorate. To mitigate the project impacts, the TIS recommended that the project pay its fair share of the cost to install a traffic signal at the intersection through the payment of development impact fees. However, the intersection is not a fee generating component of the City’s current development impact fee program.

An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.”

The ICE process was developed by Caltrans as a standard means of identifying and evaluating potential alternatives for improving state highway intersections. The process has since been replaced by the “Intersection Safety and Operational Assessment Process” (ISOAP).

These improvements would be in-lieu of the ICE Study (ISOAP):
o Construct curb, gutter and sidewalk along the subdivision’s full State Route 137 frontage to Oakmore Street,
o Re-stripe eastbound State Route 137 to provide for a right-turn lane at Oakmore Street, o Construct curb, gutter and sidewalk along the subdivision’s full Oakmore Street frontage, o Re-stripe Oakmore Street to provide for a southbound thru lane, a northbound left-turn lane, and a northbound right-turn lane at State Route 137, and Item #: 8.14
Consent
o Temporarily limit Fulton Estate traffic to right turns in and right turns out on Oakmore Street. This limitation would be removed once the existing intersection of State Route 137 and Oakmore Street is improved.
• Contribution of $25,000 to the ICE Study (ISOAP).” (Based on inquiries made with local transportation engineering firms, the estimated cost for hiring a consultant to complete an ISOAP should fall between $20,000 and $25,000.)
On June 17, 2025, City Council approved a Deferred Improvement Agreement with Quest Equity, LLC which addressed the completion of the ISOAP and subsequent construction of improvements to the intersection of State Route 137 and Oakmore Street. This agreement allowed for the development of Futon Estates Phase 2 to proceed independent of the status of the ISOAP and intersection improvements. A copy of the Deferred Improvement Agreement is attached for reference.

Oakmore Street Realignment:

In discussions with Caltrans regarding the ISOAP for the intersection of State Route 137 and Oakmore Street, they agreed in principle that the proposed realignment of Oakmore Street and new major arterial intersection at Road 126 was an option they would consider. They further agreed that knowing that such a realignment was planned could impact the scale of the improvements analyzed in the ISOAP; specifically, that it wouldn’t make sense for the study to evaluate and subsequently require construction of substantial long-term improvements at the existing intersection. On April 1, 2025, City Council authorized the mayor to sign a letter to Caltrans expressing the City’s intention to realign Oakmore Street as a major arterial roadway to the Road 126 alignment at State Route 137, with the existing Oakmore Street intersection to be retained as a local street connection. It is requested that Council adopt a resolution to further clarify and document the City’s intention to undertake the realignment in a more formal manner.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).

POTENTIAL CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.

LEGAL REVIEW
The City Attorney’s Office drafted the resolution of intent.

PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.

ALTERNATIVE ACTION

1. Approve with changes - Minor changes to the Resolution of Intent would not likely impact the ability to proceed with the ISOAP for the intersection of State Route 137 and Oakmore Street.

2. Deny - Should Council deny the request for the resolution of intent, the Developer may view that as a failure on the City’s part to meet its obligations under the terms of the Fulton Estates Phase 2 Deferred Improvement Agreement.

3. Table - Tabling this item could delay the Developer’s ability to proceed with completion of the ISOAP.

ATTACHMENTS

1. Resolution

2. Conceptual Oakmore Street Realignment

3. Fulton Estates Phase 2 Deferred Improvement Agreement Reviewed/Approved:

RESOLUTION 202X-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

REGARDING OAKMORE STREET ALIGNMENT
WHEREAS, on October 24, 2022, the City of Tulare (“City”) Planning Commission adopted Resolution No. 5435, approving the Fulton Estates Tentative Subdivision Map and related conditions of approval, which set forth the infrastructure obligations and conditions related to the development and build out of approximately 185 residential lots to be developed in two phases and a commercial parcel to be developed in a third phase located at the southwest comer of State Route 137 (“SR 137”) and Oakmore Street (“Project”); and
WHEREAS, conditions of approval for the Project include improvement of the intersection of SR 137 and Oakmore Street; and
WHEREAS, the California Department of Transportation will, for purposes of improvement of the SR 137 and Oakmore Street intersection, require the preparation of an Intersection Safety and Operational Assessment Process (“ISOAP”) study; and
WHEREAS, the City intends to realign the Oakmore Street arterial corridor to the Road 126 alignment; and
WHEREAS, the realignment of the Oakmore Street corridor will impact the ISOAP study; and WHEREAS, the City and Quest Equity LLC (“Quest”) executed a Deferred Improvement Agreement between the City of Tulare and Quest Equity LLC (“Agreement”), dated June 17, 2025; and WHEREAS, the Agreement obligates Quest to perform the ISOAP study and construct improvements to the SR 137 and Oakmore Street intersection that are consistent with the study’s results; and
WHEREAS, Section 4.02 of the Agreement obligates the City to “determine the final alignment of the Oakmore Street corridor to the Road 126 [alignment]. . . .”; and WHEREAS, Section 4.02 of the Agreement further indicates that after Quest “commences preparation of the ISOAP, the City shall not modify the alignment of the Oakmore Street corridor to the Road 126 [alignment] in a manner that increases the costs of the preparation of the ISOAP or the [SR 137 and Oakmore Street intersection improvements] without [Quest’s] written consent”; and WHEREAS, the City has prepared material attached hereto as Exhibit A, which is incorporated herein by reference, that reflects a proposed alignment of the Oakmore Street corridor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The Oakmore Street corridor alignment shown in the attached Exhibit A, and, for purposes of the Section 4.02 of the Agreement, the alignment reflected in Exhibit A is the “final alignment of the Oakmore Street corridor to the Road 126 [alignment]” is hereby approved. /////
Resolution 2026-XXX

Page 2 ends

Tulare City CouncilApril 7, 2026

Tulare City Council
April 7, 2026